THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.27528 of 2010 DT.08.11.2010 Between: Tadimalla Subba Rao and another … Petitioners And The Government of A.P., rep.by its Principal Secretary, Department of Cooperation, Secretariat Buildings, Hyderabad and others … Respondents Counsel for the Petitioners: Mr.Y.Raveendra Kumar Counsel for respondent No.1: GP for Cooperation The Court made the following ORDER: ORDER: This writ petition is filed for a mandamus to declare resolution No.2, dated 15.10.2010, passed by respondent No.2-Soceity, as illegal and arbitrary. According to the petitioners, the leasehold rights of fishing in two tanks, namely, Jaggappa Cheruvu and Peda Vuuru Cheruvu, were granted to respondent No.2-Society and that the said Society in turn granted sub-leases to the petitioners over the two tanks respectively. The petitioners have further averred that there are two groups in respondent No.2-Society and that the rival group has passed resolutions granting fishing rights to respondent Nos.4 and 5. Having heard Sri Y.Raveendra Kumar, learned counsel for the petitioners, I am of the opinion that the petitioners are not entitled to invoke public law remedy of a writ petition under Article 226 of the Constitution of India. The petitioners have not pleaded that the State or its instrumentalities have violated any provision of law or failed to carry out any statutory public duty. Respondent No.2 is a Cooperative Society and it is not the pleaded case of the petitioners that it has any characteristics of State within the meaning of Article 12 of the Constitution of India. Therefore, even if one of the groups of respondent No.2-Society has acted illegally or arbitrarily, such an action is not amenable to the writ jurisdiction. The petitioners are entitled to invoke common law remedies available to them. In this view of matter, the writ petition is dismissed, without going into the merits of the case, with liberty to the petitioners to work out their remedies available in law. As a sequel to dismissal of the writ petition, W.P.M.P.Nos.35145 and 35159 of 2010 filed by the petitioners for interim relief are disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date: 08.11.2010. VGB