IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL Nos.1260 and 457 of 2008 WRIT APPEAL NO : 1260 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18/02/2008 in WP NO : 3191 OF 2008 on the file of the High Court.) Between: 1 Bantu SomaiahS/o. Yellaiah Fishermen Co-operative Society,, Miryalaguda R/o. 2nd Ward, Tallagadda, Miryalaguda, , Nalgonda District. 2 Medarapu Muttaiah S/o. Venkaiah Fishermen Co-operative Society,, Miryalaguda R/o. Yadagarpalli Village, Miryalaguda Mandal , Nalgonda District. ..... APPELLANTS AND 1 K. Srinivas S/o. Hanumaiah Miryalaguda, Nalgonda District. R/o. Miryalaguda, Nalgonda District. 2 The Commissioner of Fisheries, Mastya Bhavan, Shantinagar, Vidyanagar Colony, Hyderabad. 3 The Dy. Director of Fisheries, Nalgonda, Nalgonda District. 4 The Asst. Director of Fisheries, Suryapet, Nalgonda District. .....RESPONDENTS Counsel for the Appellant:MR.G.VIJAYA BABU Counsel for the Respondent No.: GP FOR FISHERIES And WRIT APPEAL NO : 457 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18/02/2008 in WP NO : 3191 OF 2008 on the file of the High Court.) Between: 1 Lingampaly Saidulu S/o Balanarsaiah F.C.S. Miryalaguda, R/o Yadagarpally Village, Miryalguda (M), Nalgonda district. 2 Nukala Lakshmiah S/o Muthaiah F.C.S. Miryalaguda, R/o Yadagarpally Village, Miryalguda (M), Nalgonda district. 3 Kisara Rambabu s/o Saidulu F.C.S. Miryalaguda, R/o Miryalguda Town &(M), Nalgonda district. 4 K.Srinivas, S/o.Hanumaiah, Fishermen Co-operative Society, Miryalaguda, Nalgonda District. R/o Miryalguda, Nalgodna District. ..... APPELLANTS AND 1 The Commissioner of Fisheries, Mastya Bhavan, Shantinagar, Vidyanagar Colony, Hyderabad. 2 The Dy. Director of Fisheries, Nalgonda, Nalgonda District. 3 The Asst. Director of Fisheries, Suryapet, Nalgonda District. .....RESPONDENTS Counsel for the Appellant:MS.M.VIDYAVATHI Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : HON'BLE SRI JUSTICE B.PRAKASH RAO and HON'BLE SRI JUSTICE R. KANTHA RAO WRIT APPEAL Nos.1260 and 457 of 2008 COMMON JUDGMENT: (per Hon’ble Sri Justice B.Prakash Rao) Since both these two appeals arise out of the same proceedings and are almost between the same parties, they are taken up together and are disposed of by this common judgment. Heard Sri G.Vijaya Babu, learned counsel appearing for the appellants in Writ Appeal No.1260 of 2008 and Smt M.Vidyavathi, learned counsel appearing for the appellants in Writ Appeal No.457 of 2008. The appellants in both the appeals are aggrieved by the orders passed by the learned single judge in an interlocutory application pending disposal of the writ petition No.3191 of 2008, where certain proceedings issued under the provisions of the Andhra Pradesh Co- Operative Societies Act, 1964, are under challenge. Pending disposal of the writ petition thereof, learned Single Judge issued certain comprehensive directions in W.P.M.P.No.4166 of 2008. The appellants in both the appeals are aggrieved of the said interim orders. However, during the course of arguments, it has been pointed out that the appellants in Writ Appeal No.1260 of 2008 have already ﬁled a vacate stay petition in W.V.M.P.No.2647 of 2008 and the same has not yet come up for consideration. Having regard to the fact that the said vacate stay application is yet to be considered by the learned single judge, we decline to go into the merits of the case. However, Sri G.Vijaya Babu, learned counsel appearing for the appellants in Writ Appeal No.1260 of 2008, points out that having regard to certain directions given by the Division Bench of this Court earlier, to which the appellants in Writ Appeal No.457 of 2008 are also parties, it may create some diﬃculties in considering the case on merits. We make it clear that necessarily the matter requires to be considered independently on merits, and especially, keeping in view the provisions of the A.P.Co-Operative Societies Act vis-à-vis the claims made by the respective parties and their entitlement under the law. Subject to the above, both the appeals are dismissed. No costs. Oﬃce is directed to post the W.V.M.P.No.2647 of 2008 in W.P.No.3191 of 2008 before the learned Single judge on 18.11.2008. __________________ B.PRAKASH RAO, J ___________________ R.KANTHA RAO, J 07.11.2008 Note: Issue CC in two days. B/o dr