IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 423 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 10/02/2009 in WP NO : 8684 OF 2006 on the file of the High Court.) Between: Fishermen Cooperative Society, Chamanapalli Village Karimnagar District, rep by President, Bojja Sathaiah ..... APPELLANT AND 1 Government of Andhra Pradesh, rep by Secretary, Fisheries Department, at Secrtariat, Hyderabad 2 Commissioner of Fisheries Ex Officio Registrar of cooperativ Societies Andhra Pradesh, Hyderabad 3 Assistant Director of Fisheries, Karimnagar 4 Myakala Hanumaiah S/o Narsaiah R/o Chamanapalli Village, Karimnagar Mandal, and District 5 Mayakala hanumaiah S/o Narasaiah R/o Chamanapalli Village, Karimnagar Mandal, and District 6 Myakala Mallaiah S/o Narasaiah R/o Chamanapalli Village, Karimnagar Mandal, and District 7 Myakala Komaraiah S/o Rajalingam R/o Chamanapalli Village, Karimnagar Mandal, and District 8 Myakala Lachaiah S/o Rajalingam R/o Chamanapalli Village, Karimnagar Mandal, and District 9 Myakala Venkatesham S/o Malliah R/o Chamanapalli Village, Karimnagar Mandal, and District 10 Mayakala Venkatarajam S/o Rajalingam R/o Chamanapalli Village, Karimnagar Mandal, and District 11 Myakala Dharmaraju S/o Hanumaiah R/o Chamanapalli Village, Karimnagar Mandal, and District 12 Mayakalaya Ramulu S/o Hanumaiah R/o Chamanapalli Village, Karimnagar Mandal, and District 13 Myakala Rajalingam S/o narasaiah R/o Chamanapalli Village, Karimnagar Mandal, and District .....RESPONDENTS Counsel for the Appellant:MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 423 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T.Meena Kumari) This writ appeal is filed challenging the order, dated 10.2.2009 in W.P.No.8684 of 2006 by the learned single Judge. The appellant herein is the writ petitioner. It filed the above writ petition challenging the order dated 8.3.2006 passed in CTA No.39 of 2005 by the Chairman, A.P. Co-operative Tribunal, Warangal, on the ground that notices of expulsion were given to respondents 4 to 13 on 13.10.2000 & 3.11.2000, for which, replies were submitted by them and ultimately, on 30.11.2000, an intimation was given to all the members of the society about conducting of a general body meeting on 20.12.2000 and in the said meeting a unanimous resolution was passed expelling respondents 4 to 13 from the Society, subject to approval of respondent No.3 and since respondent No.3 has not approved the resolution, the society has filed WP No.4615 of 2001, which was disposed of directing respondent No.2 to take a decision on the resolution passed by the society and thereafter, on 2.6.2001, 2nd respondent passed orders stating that the resolution was not passed in accordance with the provisions contained in the AP Cooperative Societies Act, and hence, a review petition was filed by the society and the said review was ordered upholding the resolution passed by the society on 20.12.2000 and on that, respondents 4 to 13 filed WP No.2605 of 2002, which was allowed issuing a direction to 2nd respondent to consider the matter afresh and in pursuance of the orders in WP No.2605 of 2002, the 2nd respondent passed a reasoned order. Having aggrieved by the same, respondents 4 to 13 filed CTA No.39 of 2005 before the Tribunal and the Tribunal allowed the appeal and set aside the approval granted by the 2nd respondent to the resolution passed by the Society on 20.12.2000. The learned single Judge having observed that the Tribunal did not consider the factors which led for expulsion of respondents 4 to 13 and that the general body meeting might have been held on 20.12.2000, wherein the resolution was passed, which was approved by respondent No.3, but there is some confusion as to the service of notice in advance on the members of the Society concerned and this aspect was not taken into consideration by the Tribunal, disposed of the writ petition setting aside the impugned order and remanding the matter to the Tribunal for reconsideration of the entire issue. Having aggrieved by the order of the learned single Judge remanding the matter, the present appeal has been preferred by the Society. Heard the learned Counsel and perused the material available on record. A perusal of the material on record goes to show that the factors, which led to the expulsion of respondents 4 to 13, have not been considered by the Tribunal and there is also confusion as to the service of notice on the members of the society concerned and those question of facts has to be adjudicated by the tribunal. Therefore, it is a fit case wherein the matter has to be remanded back to the tribunal to consider all these facts. In such circumstances, We feel that the order of the learned single Judge remanding the matter is justified and the same does not warrant any interference of this Court. Accordingly, this writ appeal is dismissed. No costs. However, the Tribunal is directed to dispose of the appeal, within a period of three months from the date of receipt of a copy of the order. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 7th April, 2009 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :230 of 2009 (Order of the Division Bench delivered by the Hon’ble Smt. Justice T.Meena Kumari) 7th April, 2009