Back
2026 Supreme(Online)(Tel) 14543
HIGH COURT OF TELANGANA
Surepalli Nanda, J
Barla Ramulu – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.28431 OF 2025
For the Appellants/Petitioners: D.L.Pandu
For the Respondents: Assistant Government Pleader for Animal Husbandry, Assistant Government Pleader for Revenue, L.Harish, Assistant Government Pleader for Home, P.Krishna Reddy
A registered cooperative society cannot be cancelled without conclusive evidence of fraud, especially after a significant time lapse, but qualified individuals must be allowed to join through a fair skill test and enrollment process in accordance with the law.
Headnote:The petitioner challenged the registration of a fishermen cooperative society, alleging fraud and seeking its cancellation and the establishment of a new society through skill tests and elections, citing Articles 14 and 21 of the Constitution of India. The court noted that the authorities had already considered the representation and proposed a skill test for new members. The court addressed whether the existing society's registration should be cancelled. It reasoned that since the society was registered under the TCS Act 1964 and a decade had passed, cancellation was not appropriate without conclusive evidence. The court emphasized the respondents' commitment to conduct skill tests and elections under Rule 22 of the TCS Rules 1964. The writ petition is disposed of directing the respondents to conclude the steps initiated for conducting the skill test for enrolment into the Fishermen Cooperative Society, Ghatkesar Municipality at the earliest.
| Table of Content |
|---|
| 1. petitioner seeks cancellation of a cooperative society and new enrollment based on traditional rights. (Para 1 , 2 , 3) |
| 2. registration of a society cannot be cancelled without conclusive evidence after a long period. (Para 4) |
| 3. agreement between parties to resolve membership disputes through a standardized skill test. (Para 5 , 6) |
| 4. court directs the completion of skill tests and enrollment of qualified members in accordance with law. (Para 7) |
##PAGE1##
HON’BLE MRS. JUSTI CE SUREPALLI NANDA
WRI T PETI TI ON No.28431 OF 2025
DATED: 03.03.2026
Between:
Sri Barla Ramulu ……Petitioner
And
The State of Telangana and Others ....Respondents
ORDER:
Heard Sri D.L.Pandu, learned counsel appearing on
behalf of the petitioners, learned Assistant Government
Pleader for Animal Husbandry appearing on behalf of the
respondent Nos.1,2 & 4, learned Assistant Government
Pleader for Revenue appearing on behalf of the
respondent No.3, Sri L.Harish, learned standing counsel
appearing on behalf of the respondent No.5, learned
Assistant Government Pleader for Home appearing on
behalf of the respondent No.6 and Sri P.Krishna Reddy,
learned standing counsel appearing on behalf of the
respondent No.7.
2. The petitioner approached the Court seeking prayer
as under:
##PAGE2##2
“….to issue a writ, or order or direction more particularly
one in the nature of writ of Mandamus the action of the
Respondents Nos. 2 to 4 in not considering the
representation of the petitioners dated 11.08.2025 to
cancel the 5th respondent society and establish a new
society to the petitioners by conducting skill test and
committee elections as illegal, arbitrary, unconstitutional
violative of Principles of natural justice besides violative
of Article 14 and 21 of the constitution of India and
consequently direct the respondents to conduct skill test
and committee elections and establish a new society
duly considering the above representation of the
petitioner…”
3. The case of the petitioner in brief as per the
averments made in the affidavit filed by the petitioner in
support of the present w rit petition is as under:
The case of the petitioner is that the members of the
Mudiraj community have been traditionally engaged in fishing for
nearly 60 years in Chinna Cheruvu, Ravi Kunta, and Chitter
Kunta lakes at Ghatkesar. However, in 2013, members of the
Besta community allegedly created fabricated documents and
fraudulently registered the Primary Fishermen Cooperative
Society Ltd., Ghatkesar (5th respondent). Subsequent inquiries
conducted by the Gram Panchayat Secretary and the Enquiry
Officer reportedly supported the petitioner’s claim, and a criminal
case was also registered against the 5th respondent society
under Sections 420, 468, and 471 IPC.
##PAGE3##3
It is further the case of the petitioner that earlier writ
petitions were filed and disposed of by the High Court with
directions to the authorities to consider the petitioner’s
representations. Despite submitting a further representation
dated 11.08.2025 seeking cancellation of the 5th respondent
society and the formation of a new society through a skill test
and elections, the authorities have allegedly failed to take any
action. Hence, the petitioner has filed the present writ petition.
4. PERUSED THE RECORD
A. The counter affidavit filed on behalf of the respondent
No.4 and in particular para Nos.3, 9, 15 & 16 are extracted
hereunder:-
3. In reply to Para Nos: 2 It is submitted that, the
representation was given by the Petitioners on
Dt 11.08.2025 to cancel the registration of Fishermen
Cooperative Society, Ghatkesar and to organize a new
society. In this regard, it is submitted that, the
representation was perused and was disposed vide letter
no. 257/C/2025 Dt.22.10.2025 in which it is mentioned
that in compliance to the directions of the Hon'ble High
Court Order in WP.No in 23877 of 2021 mentioned in the
present writ petition, the order was already passed by the
respondent No.4 / District Fisheries Officer/ Deputy
Registrar of Cooperative Societies (Fisheries), Medchal
M
