UMA MAHESWARA FISHERMEN COOPERATIVE SOCIETY LIMITED Vs. DIRECTOR OF FISHERIES GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) The petitioner cooperative society was registered in the year 1962 with fishermen as it members. There are 70 members in the petitioner society who are seeking out their livelihood solely depending upon fishing. The area of operation of the petitioner society as per its bye-laws includes 1) Atreyapuram 2) Tadipudi 3) Vadapalli 4) Vasanthavada 5) Ucchilli 6) Vaddipami 7) Kattunga 8) Narkedimilli 9) Ankampalem and 10) Lolla villages. The Government of Andhra Pradesh framed rules in G.O. Ms. No.343, dated 10-4-1978 with respect to the leasing out of tanks in the Gram Panchayat. Under Rule 3(a)(1), the Gram Panchayats are empowered to lease out the tanks in the respective Gram Panchayats without public auction to the Fishermen Co-operative Society of the local area By the impugned Memo No.22530/12/95 dated 7-6-1996, the Director of Fisheries - 1st respondent herein accorded permission to organise a separate Fishermen Co-operative Society at Lolla village with 12 promoters after deletion of Lolla village from the area of operation of the petitioner society with the following jurisdiction. (1) 4 Tanks of Lolla village (2) Godavari River course from Lolla to Merlapalli (-3.2 Kms)It is further stated in the impugned Memo thus : "After deletion of Lolla (V), the parent Fishermen Co-operative Society will be having (7) tanks of Atreyapuram, Ankapalem, Utchili, Tadipuddi, Warked milli villages. Regarding (10) members of Alreyapuram Fishermen Cooperative society who are residents of Lolla (v) may join in new Fishermen Cooperative Society if they desire so".

(2.) Pursuant to the said impugned Memo of the 1st respondent dated 17-6-1996, the 3rd respondent by his Letter No.2854/D/95, dated 17-6-1996 directed the petitioner society to delete Lolla village from the operation of the petitioner society by convening a General Body Meeting and amend the Bye-law No. 1 of the petitioner society so that a new fishermen cooperative society in Lolla village can be formed with jurisdiction comprising of (1) 4 Tanks of Lolla village (2) Godavari River course from Lolla to Merlapalli (-3.2 Kms)The petitioner society thereupon filed the above writ petition assailing the action of the 1st respondent and questioning the validity ofthe Memo dated 7-6-1996 and the consequential orders for deletion passed by the 3rd respondent in his Letter No.2854/D/95, dated 17-6-1996 as illegal, void and wholly without jurisdiction.

(3.) Certain allegations as to mala fides are attributed to the 4th respondent, the Assistant Director of Fisheries Mr. M. Satyanarayana, the then Fisheries Extension Officer, Razole in the affidavit filed in support of the above writ petiton and it was alleged that the said 4th respondent Sri M. Satyanarayana had initiated proposals for registration of a separate fishermen cooperative society and in the counter affidavit it is admitted that the Regional Deputy Director of Fisheries, Kakinada by Memo No. 1216/A/90 dated 2-4-1990 had directed the 4th respondent to submit his explanation for fowarding the proposals and had also issued orders directing the Assistant Director of Fisheries to advise the promoters to join the existing society. It may not be necessary to consider the said allegations with regard to the mala fides as the question arising for consideration is whether by a directive of the Registrar under Section 16(5), the area of operation of a Society can be deleted for the formation of a separate fishermen cooperative society, the said question is purely one of law.