FISHERMEN CO OP SOCIETY Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) The petitioner is a registered Co-operative Society under the provisionsof the A.P. Co-operative Societies Act, Act 7/64 (for short the Act). Its area of operation consists of 35 villages including Karimnagar. Therefore in all the water courses situated within the 35 villages including Karimnagar the petitioner is entitled to have the fishing operations. The second respondent Fishermen Co-operative Society, Ramnagar, when it is registered got the fishing rights in the area of operation of the petitioner. The petitioner filed this writ petition for a declaration that the action of the first respondent in registering the second respondent society is illegal, arbitrary and without jurisdiction.

(2.) It is stated by the second respondent represented by oneP.Surender, President of the second respondent Society, that Ramnagar is a separate Gram Panchayat and it is not included in any other grampanchayat much less in Karimnagar town. On account of lapse of time the Government issued G.O. Ms. No. 643 P. R. dated June 6, 1978 to create and declare a separate grampanchayat for Ramnagar. Accordingly Ramnagar has been constituted as a separate grampanchayat. The second respondent is entitled to operate within the local limits of Ramnagar grampanchayat in all the water courses for fishing. Therefore the registration of the second respondent is not invalid. The contention of Sri Pratap Reddy learned counsel for the second respondent, is that if there is any dispute as regards the villages or the registration thereof the Registrar has been given power under Sec. 6(3) of the Act to enquire into. Against that there is a right of appeal. Therefore the action taken by the petitioners is premature.

(3.) The first respondent Government filed a counter stating that thearea of operation has been demarcated and therefore there is no illegality in the registration of the co-operative society.