KOMARAGIRI VENKAIAH Vs. ASSISTANT DIRECTOR OF FISHERIES

JUDGEMENT

(1.) All the petitioners are said to be the residents of Intur village of Amrtuthlur Mandal, Guntur district. It is submitted that the area of operation of Intur village falls under the Amruthalur Yenadi Fishermen Cooperative Society and they were members of Amruthalur Yenadi Fishermen cooperative Society. The area of operation of the Amruthalur Yenadi Fishermen Cooperative Society covers the villages of Amruthalur, Intur, Panchalavaram and Malpur . The elections were held on 15-3-1999 and the second petitioner was elected as Director of the said society and it is stated that all the petitioners herein were members of the said society and hold membership which are in force and not cancelled at any point of time.

(2.) It is submitted that the Assistant Director of Fisheries, Guntur and ex. -officio Deputy Director of Cooperative Societies by order dated 29-6-2000 in RC 89/C/97 under Section 15-A of APCS Act bifurcated the said society into two societies and the area of operation of the Intur village has been deleted from the said society and a separate society has been formed and registered as Intur Yerukala Fishermen Cooperative Soceity, Intur village, Amrtuthlur Mandal, Guntur district.

(3.) After following the due procedure prescribed under law, by orders dated 29-2-2000, separate order has been passed under section 16 (2) of the Cooperative Societies Act retaining the area of operation of the Amrtuthlur Mandal, and Intur village has been deleted from the area of operation of the said society in view of the bifurcation of the said society. A separate registration certificate is also issued by orders dated 29-6-2000 under section 15(A) read with Rule 15 (a) and Rule 9(5) of the A.P.Cooperative Societies Act duly registering the Intur Yerukala Fishermen cooperative Society. The operative portion of the order reads as follows: