THE HONOURABLE SRI JUSTICE P.S.NARAYANA MONDAY, THE SEVENTH DAY OF SEPTEMBER, TWO THOUSAND AND NINE WRIT PETITION No. 18159 Of 2009 Between: Balam Narasimha Swamy and others …Petitioners A N D The Government of Andhra Pradesh, Rep. By its Secretary Fisheries Department, Secretariat, Hyderabad and Others …Respondents THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 18159 Of 2009 ORDER Learned Additional Government Pleader for Fisheries had taken notice on 28-08-2009 and requested time to get instructions. Written instructions given by the Assistant Director of Fisheries, Bhimavaram in Rc.No.12/A2/2008, dated 31-8-2009 is placed before this Court. 2. The question, which had been argued by both the counsel for the writ petitioners and learned Additional Government Pleader for Fisheries is relating to give an opportunity before making the order in controversy. 3. No doubt in the written instructions it is stated that an opportunity had been given. However, the same is denied by the learned counsel for the writ petitioners by pointing out to the relevant portion of the affidavit filed in support of the writ petition. 4. This writ petition is filed for a writ of mandamus declaring the Proceedindgs No. 12/A2/2008, dated 10-08-2009 issued by the Assistant Director of Fisheries and Ex.Officio Deputy Registrar of Fishermen Co-operative Societies, Bhimavaram, West Godavari District, 2nd respondent herein as illegal, arbitrary, unreasonable, null and void, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India and opposed to the very spirit and object of the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 and pass such other suitable orders. 5. Several facts had been narrated in detail in the affidavit filed in support of the writ petition in paras 3 to 8. 6. In the light of the averments made in the affidavit filed in support of the writ petition, this Court is of the considered opinion, that this writ petition be disposed of directing the 2nd respondent to give an opportunity to the writ petitioners by putting them on notice, receive the objections, if any, and afford an opportunity of hearing and decide the matter afresh, in accordance with law. 7. Accordingly, the impugned order is hereby set aide, and the writ petition is allowed to the extent indicated above. No order as to costs. ______________________ Justice P.S. Narayana 7th September, 2009. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No. 18159 Of 2009 7th September, 2009.