FISHERMAN COOPERATIVE SOCIETY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed challenging the Notice No.22/13/2016 dated 16.11.2017 issued by the 3rd respondent-District Fisheries Officer/ex-officio Deputy Registrar, Ranga Reddy District.

(2.) The petitioner is a Fishermen Cooperative Society. Brief averments in the writ petition are that the petitioner- Society was initially formed covering 16 villages, however, as on the date of filing of writ petition, only 4 villages are in existence under the Society as others have formed independent Societies; that there are 190 members in the petitioner-Society under the four tanks namelyigh c Yedri Cheruvu, Pedda Cheruvu, Turka Cheruvu, Oora Cheruvu; that the said tanks are situated in four villages namely, Yedri village, Veerasamundram village, Jackaram village and Gurampalli village respectively; that the area under the water tanks is barely sufficient for the existing members of the Society; that while things stood so, a notice dated 31.01.2017 was issued to the petitionerSociety by the District Fisheries Officer under Section 15A of the Telangana Cooperative Societies Act, 1964, directing the petitioner-Society to convene a General Body Meeting and pass a Resolution for deletion of Chakali Cheruvu / Raviralla Cheruvu situated at Veera Samundra village from the area of operation of Choudharigudem village in order to form a new Fishermen Cooperative Society, Veera Samundram village, or else necessary steps would be taken by the Registrar under Section 16(2) of the Telangana Cooperative Societies Act; that as there was no response from the petitioner-Society, the Registrar has once again issued a notice dated 16.11.2017 which is impugned herein.

(3.) Learned counsel Smt. Vidyavathi appearing for the petitioner-Society contends that the impugned notice is in violation of provisions of Section 15-A of the Telangana Cooperative Societies Act. She further contends that before issuing such a notice by the Registrar, the Registrar has failed to ascertain the viability / sustenance of the existing petitioner-Society on account of proposed bifurcation, and the same vitiates the very decision to bifurcate the Society. In those circumstances the learned counsel seeks to set aside the letter dated 16.11.2017 directing the petitioner-Society to pass resolution as illegal, arbitrary and unauthorised.