IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11803 of 2009 Between: 1 S. Venkatesham, S/o. Rajaiah R/o.Vemulakonda Village, Valigonda Mandal, Nalgonda District. 2 A. Sattaiah S/o. Kistaiah R/o.Vemulakonda Village, Valigonda Mandal, Nalgonda District. 3 Ganeboyina Maraiah S/o. Narsaiah R/o.Vemulakonda Village, Valigonda Mandal, Nalgonda District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, rep. by its Commissioner of Fisheries Department, Mathya Bhavan, Shantinagar, Masabtank, Hyderabad. 2 The Assistant Director of Fisheries, Nalgonda. 3 Fishermen Co-operative Society, Vemulakonda Village, Veligonda Mandal, Nalgonda District, rep. by its President Ambati Anjaiah, S/o. Saianna, Age: 50 Yrs., R/o. Vemulakonda (V), Valigonda (M), Nalgonda District. 4 A. Anjaiah S/o. Saianna President of Fishermen Co-operative Soceity, Vemulakonda Village, Valigonda Mandal, Nalgonda District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Certiorari calling for the records from the 3rd respondent relating to the relating to the Show cause notice dt. 3-6-2009 for removing the petitioners from the Primary Membership of the Society including the minutes books and attendance records from 2005-2008 and quash the Show Cause notice dt. 3-6-2009 by declaring as illegal, arbitrary null and void and pass such other order or orders Counsel for the Petitioner: MR.M.BRAHMA REDDY Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : ORDER: This writ petition is filed by the petitioners, who claim to the members of the 3rd respondent society, questioning the show cause notice dated 3.6.2009 issued by the society calling for their explanation within 15 days from the date of receipt of a copy of the said notice to show cause as to why they shall not be removed from the membership of the society. Heard the learned counsel for the petitioners and the learned Government Pleader for Fisheries and at their request the writ petition is taken up for final disposal at the admission stage itself. Issue Rule nisi. The case of the petitioners is that they were admitted as members of the 3rd respondent society on 11.1.2001 as per the judgment of this Court in W.P.No.15531 of 1998 dated 30.12.2000 and were served with only three notices of General Body Meetings on 20.3.2005, 15.6.2006 and 25.6.2008 on whose days they attended the meetings and signed in the attendance register and that it is not correct that they have not attended the General Body Meetings of the society from 2005-2008 as alleged, which was the subject matter of writ petition in W.P.No.23525 of 2008. The said writ petition was allowed setting aside the removal order passed against the petitioners. However, liberty was given to the society to take action strictly in accordance with the relevant provisions of law. The said order was carried in appeal before the Honourable Division Bench of this Court. However, subsequently, the appeal was withdrawn by the petitioners. Thus as on today, the order of the learned Single stands. While the matters stood thus, the impugned notice is issued referring to the orders in W.P.No.23525 of 2008, which were already set aside and hence this writ petition. Be that as it may, as on today, the petitioners were issued with a show cause notice giving 15 days time to submit their explanation and it is stated that so far the petitioners have not submitted any explanation and straight away approached this Court by filing this writ petition. It is well settled that this Court would not ordinarily interfere at the stage of show cause notice for it favours the quasi judicial authority vested with the power to exercise and discharge its statutory functions, with a free hand, independent from outside control. In K.M. Safiullah v. A.P. State Wakf[1], this Court held as follows: “When a statutory authority issues a show cause notice, the recipient of the show cause notice has ample opportunity to approach the quasi-judicial authority and place his/her case before such authority that will decide in accordance with law. If an order passed by the quash- judicial authority goes against the person, it is always open to such person to avail the remedy of appeal and then approach this Court under Article 226 of the Constitution, if it is permissible under law. A writ petition against a show cause is, ordinarily, not maintainable.’ Admittedly, in the instant case, as on today, there is no cause of action to file the writ petition. The petitioners were given 15 days time to submit their explanations. Therefore, giving the petitioners liberty to submit their explanations, the writ petition is dismissed directing the 3rd respondent to consider all the objections to be raised by the petitioners in their explanation. If any adverse orders are passed after considering their explanation, the petitioners are at liberty to challenge the same in appropriate proceedings. N.V.RAMANA,J Dt.17.6.2009 msv [1] 2003 (2) ALT 253