FISHERMEN CO-OP SOCIETY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) W.P.No.6035 of 2021 W.P.No.6035 of 2021 was filed challenging the proceedings No.1235/E2/2018 dt.29/3/2019 as illegal, arbitrary and violative of principles of natural justice.

(2.) Brief facts leading to the filing of W.P.No.6035 of 2021 are that the petitioner is the Fishermen Cooperative Society of Pillalamarri Village, Suryapet Mandal and District and all its members are fishermen by profession and are eking out their livelihood by conducting fishing operations. The society is having two tanks under its operation, i.e., Shobha Samudram and Kethavani tank. The fishermen of Pillalamarri Village therefore approached the 3rd respondent for registration of the society under Sec. 8 of the Telangana Cooperative Societies Act, 1964 (for brevity, 'the Act of 1964') and the same was registered vide Registration No.01/QFC/2018 dt.9/4/2018 and a certificate of registration was also issued by the 3rd respondent. Thereafter, the petitioner society paid lease amount of Rs.26,980.00 for the Fasli year 2018 to the Fisheries Department on 18/4/2018 in respect of the two tanks and also deposited the fish seed in the two tanks with their own expenses and the authorities also issued fish seed certification and stocking certificate. The members of the petitioner society have therefore been requesting the authorities to permit the petitioner society to pay the lease amount and also to grant permission for conducting fishing operations in respect of the said two tanks and the society passed resolutions and submitted representations. However, when there was no decision taken by the respondent authorities, the petitioner filed W.P.No.21679 of 2020 and this Court has disposed of the said Writ Petition on 7/12/2020 directing the 3rd respondent to consider the representations of the petitioner society and to take action in accordance with law within a period of four weeks from the date of receipt of a copy of the said order. In the meantime, the 4th respondent society filed a petition under Sec. 77 of the Act of 1964 before the 2nd respondent to revise the certificate of registration granted in favour of the petitioner society on the following grounds:-

(3.) Challenging the revision order dt.29/3/2019, the present Writ Petition has been filed stating that the 3rd respondent is the authority who has registered the petitioner society after following due procedure and issued registration certificate on 9/4/2018 and the petitioner society has been functioning ever since and has been conducting fishing operations in the subject tanks and respondents 2 and 3 are well aware about the existence and activities of the society. It was stated that Pillalamarri Village is a free village and the petitioner society is an independent society and therefore, the need for bifurcation of the society from the 4th respondent society does not arise. It is submitted that in W.P.No.6725 of 2018 earlier filed by the Chief Promoter of the petitioner society, a counter has been filed by the Fisheries Department stating that Pillalamarri Village and its water sources namely Shobha Samudram tank are not included in the area of operation of any other fishermen society and that it is a free village and therefore, Pillalamarri Village is a free village and the subject tanks are not in the area of operation of any other society and therefore, the question of bifurcation for formation of a new society may not arise. Thus submitting, W.P.No.6035 of 2021 has been filed. Along with this Writ Petition, a copy of the counter affidavit filed by the Fisheries Department in W.P.No.6725 of 2018 is also filed.