HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.12148 of 2006 Date: July 26, 2011 Between: Fisherman Co-Operative Society, Adavimaddulapalli, rep. by its President Rudra Hanumantha Rao. … Petitioner And 1. The Commissioner of Fisheries, Department of Fisheries, Hyderabad & 29 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.12148 of 2006 O R D E R: The Fisherman Co-Operative Society, Adavimaddulapalli, Kamepalli Mandal, Khammam District, assails the order dated 30.5.2006 passed by the Assistant Director of Fisheries, Khammam, requiring it to pass a resolution for admitting 26 persons as its members. 2. By order dated 19.6.2006, this Court granted interim suspension of the impugned proceeding dated 30.5.2006. Seeking vacation of the said order, W.V.M.P. Nos.2122 of 2006, 2593 of 2006 and 1803 of 2011 were filed by the respondent authorities and the 26 persons who were sought to be inducted as members of the petitioner society. These persons got themselves impleaded in the writ petition. 3. With the consent of the counsel, the main writ petition is taken up for disposal. 4. The grievance of the petitioner society with regard to the induction of these 26 persons as its members is on a short ground. According to it, the water spread area of Guttala Cheruvu of Adavimaddulapalli, its area of operation, is only Ac.88.12 guntas and as per the norms fixed by the Fisheries Department under its Memo dated 23.12.1983, one hectare of water spread area is to be taken as a viable unit for one member of the co-operative fishing society. It therefore disputed the possibility of accommodating new members as directed by the Assistant Director of Fisheries, Khammam District. 5. The respondent authorities, in their counter, however stated that as per the water spread area certificates received from the Revenue and Irrigation & Bunds authorities the water spread area of the subject tank is Ac.158.14 guntas/Ac.164.03 guntas. 6. It is thus clear that there is no consistency in the stand of the parties as to the exact extent of the water spread area of Guttala Cheruvu. 7. Ms. M.Vidyavathi, learned counsel for the petitioner co- operative society, drew the attention of the Court to the counter filed by the Assistant Director of Fisheries, Khammam, in W.P.1190 of 2006 filed by the petitioner society in the context of the eligibility of persons to be inducted as its members, wherein the said officer stated that owing to the discrepancies and variations between the water spread area certificates furnished by the various authorities, clarifications had been sought from the Divisional Forest Officer, Kothagudem, the Revenue Divisional Officer, Kothagudem and the Mandal Revenue Officer, Kamepalli. 8. In the light of the aforestated facts, it is clear that the issue centres around the exact extent of the water spread area of Guttala Cheruvu. The said fact would be determinative of the total number of members that can be inducted into the petitioner society on the basis of the norms fixed under the Memo dated 23.12.1983. As there is no consistency in this regard, as is evident from the water spread area certificates issued by various authorities, it would be appropriate that the Commissioner of Fisheries, Government of Andhra Pradesh, cause an enquiry as to what is the exact water spread area of Guttala Cheruvu in Adavimaddulapalli village. Upon determining the exact area through such enquiry, necessary instructions may then be issued to the petitioner society for inducting such number of members as can be accommodated basing on the relevant norms. This exercise shall be taken up in the presence of all the parties concerned after giving due notice to them and shall be completed expeditiously and in any event, not later than three months from the date of receipt of a copy of this order. 9. The writ petition is disposed of with the above directions. In the circumstances, parties shall bear their own costs. ___________________ SANJAY KUMAR, J Date: July 26, 2011. BSB