THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.24834 OF 2011 O R D E R: This writ petition is ﬁled to issue writ of Certiorari calling for the records relating to the order, dated 02.08.2011, in I.A.No.75 of 2011 in CTA No.47 of 2011 on the ﬁle of the Andhra Pradesh Co-operative Tribunal, Warangal and consequently, declare the letter Rc.No.693/D/2008, dated 20.08.2011, as illegal and arbitrary and quash the same. 2. It is stated in the aﬃdavit ﬁled in support of the writ petition that respondent Nos.1 to 39 herein are residents of Mahadevpur Village and members of Fishermen Co-operative Society, Manthani. On their application for constitution of separate society for Mahadevpur Village, a skill test was held for which, respondent Nos.1 to 39 and members of the petitioner Society were held eligible. Respondent No.42 permitted the Mudiraju Community candidates to form new society. As respondent Nos.1 to 39 are already the members of Fishermen Society of Manthani, respondent No.42 refused to comply the proceedings issued by the Assistant Director of Fisheries, Manthani. So, respondent Nos.1 to 39 ﬁled W.P.No.30089 of 2010 for not admitting them as members of the petitioner Society. Petitioner Society filed counter stating that there are 125 members in total, who are all depending on ﬁshing and according to the Circular, an extent of Ac.2.50 cents of land should be made available for each member to carry on ﬁshing operations and that keeping in view of the total extent, it is not feasible to admit respondent Nos.1 to 39 as members of the Fishermen Society of Mahadevpur. W.P.No.30089 of 2010 was dismissed. Respondent Nos.1 to 39 again ﬁled W.P.No.32975 of 2010 with the same grounds and the same was also dismissed. Respondent Nos.40 and 42 issued notice, dated 26.02.2011, and 28.02.2011, directing the petitioner to enroll respondent Nos.1 to 39 as members of the petitioner Society as per the order, dated 05.12.2008. The petitioner Society issued a legal notice on 14.03.2011 to respondent Nos.1, 40, 41 and 42 directing them to withdraw the proceedings, dated 28.02.2011. Respondent Nos.1 to 39 approached the A.P.Co-operative Tribunal, Warangal. Respondent Nos.1 to 39 ﬁled the case with a delay of 39 days in ﬁling the petition under Section 76 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, ‘the Act’). The respondents ought to have ﬁled the appeal before the Cooperative Tribunal within 60 days from the orders in W.P.No.30089 of 2010. But the Tribunal, without appreciating the grounds mentioned in the delay petition, mechanically condoned the delay without giving an opportunity to the petitioner and thereby, passed the interim direction under Section 76(6) of the Act and suspending the resolution, dated 20.03.2009, of the Managing Committee of the Fishermen Society of Mahadevpur and direct the Assistant Director of Fisheries, Karimnagar to instruct the petitioner Society to admit respondent Nos.1 to 39 in the petitioner Society. Respondent No.42 also issued a letter, dated 20.08.2011. Hence, the present writ petition. 3. The entire grievance of the petitioner Society is that no opportunity was given to ﬁle a counter in the application ﬁled under Section 76(6) of the Act before the Co-operative Tribunal. 4. On the other hand, learned counsel appearing for respondent Nos.1 to 39 contended that because the counsel for the present petitioner was absent in the trial Court, the impugned order was passed and that order needs no interference of this Court. 5. Though it is stated in the impugned order that the learned counsel for the petitioner was called absent and there was no representation, it is not known whether the notice, which was ﬁled by the petitioner under Section 76(6) of the Act, was given to him or not. Even if no notice was given in the said application and no reasonable opportunity was given to the petitioner for ﬁling the counter, then, the impugned order is liable to be set aside. The order does not indicate that a reasonable opportunity was given to respondent No.4 so as to ﬁle the counter after giving the notice in the said application. 6. Therefore, the impugned order is set aside and the writ petition is allowed. The matter is remanded to the Cooperative Tribunal for its disposal afresh after giving a reasonable opportunity to both the parties. The petitioner is directed to ﬁle the counter, if any, within a period of one week from the date of receipt of a copy of this order and thereafter, the Cooperative Tribunal shall dispose of the application within a period of two (2) weeks. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 01st December, 2011 Note:- Furnish C.C. within three days. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.24834 OF 2011 Date:01.12.2011 AMD