The rejection of membership in a cooperative society based on caste restrictions is illegal if it violates principles of natural justice and contradicts judicial precedents; furthermore, the pendency of a review petition without a stay order does not preclude the granting of relief based on the original judgment.

ORDER

Heard Sri M.v. Hanumantha Rao, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Fisheries, appearing on behalf of respondent Nos. 1 to 3.

2. The petitioner filed the w rit petition seeking the follow ing relief

“…to issue writ or direction, preferably a writ of Mandamus, declaring the order issued by the respondent No.3 vide Memo No. 138/A/2024, dt. 23-02-2024 as illegal, arbitrary, discriminatory and violative of principles of natural justice and consequently set aside the said order and further direct the respondent Nos.3 & 4 to admit the petitioners as members into the Fishermen Cooperative Society, Vandanam (V), Chintakani Mandal, Khammam District (Respondent No. 4 ) pass...”

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 Writ Petition is as under:-

The petitioners are eking out their livelihood by conducting fishing operations in the local tanks of Vandanam Village, Chinthakani Mandal of Khammam District. The 3rd respondent instead of conducting skill test by following due procedure, forwarded the applications of the petitioners to the 4th respondent society. Thereafter, the 3rd respondent has issued impugned order dated 23.02.2024 stating that the castes of the petitioners were not included in the prescribed 30 communities mentioned in G.O.Ms.No.98, dated 22.01.1964 and G.O. Ms.No.74, AH, DD & Fisheries Department dated 21.10.2011. In similar circumstances, the Fishermen of Wyra (V&M) of Khammam District have filed W.P. No. 34793 of 2013, questioning the said G.O. and this Court by order dated 20.11.2015, directed the authorities to consider the applications of the petitioners therein for admission into the Society without reference to the caste to which the petitioners belong. Aggrieved by the impugned Memo No.138/A/2024, dated 23.02.2024 issued by the respondent No.3, the petitioners had approached the Court by filing the present writ petition.

4. The learned counsel appearing on behalf of the petitioners mainly puts forth the follow ing submissions:-

(i) The subject issue in the present writ petition is squarely covered by the order of this Court dated 20.11.2015 passed in W.P. No.34793 of 2013 and hence the petitioners herein are entitled for similar relief as extended to the petitioners in W.P. No.34793 of 2013. But however, without considering the order of this Court dated 20.11.2015 passed in W.P. No.34793 of 2013, the applications of the petitioners dated 21.02.2024 for admission into the Respondent Fisherman C-operative Society situated at Vandanam Village, Chintakani Mandal, Khammam District had been rejected unilaterally on the ground that out of 60 applicants, 30 applicants belonged to castes not included in the prescribed list and that the association is located in a non-tribal area.

(ii) The order impugned passed by the respondent No.3 dated 23.02.2024 is in clear violation of principles of natural justice, is bereft of reasons and has been passed in routine casual manner without considering the earlier order of this Court dated 20.11.2015 passed in W.P. No.34793 of 2013 and therefore, the petitioners are entitled for the relief as prayed for in the present writ petition.

Based on the a