FISHERMEN CO OPERATIVE SOCIETY Vs. ASSISTANT DIRECTOR OF FISHERIES EX OFFICIO DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Challenging the proceedings dated 1-7-2000 issued by the 1st respondent, amending Bye-law No.l of the petitioner- Primary Fishermen Co-operative Society, Kandikal village, Bandlaguda Mandal, Hyderabad (for short "the Petitioner"), the present writ petition is filed.

(2.) The facts, which are not in dispute, are that the petitioner is involved in fishing activity having an area of operation of different tanks, including the disputed tank situated at Jalpally village. While so, upon the representation made by the 2nd respondent, the 1st respondent initiated proceedings to bifurcate the petitioner by deleting the said Jalpally tank from the area of operation of the petitioner and to form a new society at Jalpally village. Earlier the 2nd respondent had filed W.P. No.15019 of 1999 seeking a relief of declaration that the action of the respondents therein in not registering their society under the provisions of the A.P. Co-operative Societies Act, 1964 (for short "the Act"), is illegal, in which the present petitioner was 5th respondent. The said writ petition was disposed of by this court through order dated 13-3-2000 with a direction to the official respondents therein to complete the process already initiated as expeditiously as possible and further directed that the decision shall be communicated to the petitioner therein and if necessary further opportunity shall be given to the petitioner therein before taking appropriate decision in the matter.

(3.) Pursuant to the said order of this court, a notice purported to have been issued to the petitioner under Sections 15 and 15-A of the Act on 22-5-2000 proposing to delete Jalpally village with its water sources from the area of operation of the petitioner to enable the fishermen of Jalpally village to organize and register a separate society at their own, for which the petitioner had submitted a reply dated 7-6-2000 raising objections. Subsequently, the impugned proceedings dated 1-7-2000 were passed registering the amendment to Bye-law No.l of the petitioner by invoking the power said to be vested with the 1st respondent under Section 15 of the Act and further by invoking sub-section (5) of Section 16 of the Act, the amendment of Bye-law No.l was duly certified and forwarded to the petitioner. Aggrieved by the same, the present writ petition is filed.