THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6594 of 2011 Date:15.03.2011 Between: Fishermen Cooperative Society Limited ..... Petitioner AND The Deputy Director of Fisheries, Guntur .....Respondent Counsel for the Petitioner: Sri S. Durga Prasad Counsel for Respondent: Government Pleader for Fisheries The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondent in appointing the official person incharge to the petitioner society in pursuance of the proceedings No.1749/A/2010 dated 03.03.2011 as illegal and arbitrary. I have heard Sri S. Durga Prasad, the learned counsel for the petitioner and perused the record. The petitioner is a Fishermen Cooperative Society as represented by its purported President Sri B. Nageswara Rao. It is averred in the affidavit filed in support of the writ petition that on the eve of the expiry of the term of the previous managing committee, the Assistant Director of Fisheries Department, Guntur, addressed a letter dated 02.11.2010 directing the petitioner society to conduct elections before 10.11.2010. It is the further case of the petitioner that in pursuance of the said direction, a new managing committee was elected unanimously on 10.11.2010 under a resolution passed to that effect by the general body, wherein the deponent to the affidavit was elected as President apart from the election of other office bearers. However, by the impugned order, the respondent permitted the Fisheries Development Officer, who was appointed as person incharge on 16.11.2010, to break open the lock of the office of the petitioner society and takeover the records and properties of the society. At the hearing, the learned counsel for the petitioner submitted that the impugned order is illegal because in the face of the duly elected managing committee on 10.11.2010, direction to the person incharge to takeover the society is unlawful. A perusal of the impugned proceedings shows that on 16.11.2010, the Fisheries Development Officer, Tenali, was appointed as person incharge. If a new managing committee was elected on 10.11.2010, the petitioner ought to have communicated the same to the respondent to obviate appointment of such person incharge. It is not the pleaded case of the petitioner that the purported resolution dated 10.11.2010 through which new managing committee was allegedly elected unanimously was communicated to the respondent at any point of time. At any rate, by the very nature of the pleadings, it is evident that the very claim of the petitioner that a new managing committee was elected falls in the realm of a pure fact, which needs to be adjudicated with reference to the evidence. Under Section 77 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’), the Registrar or the Government as the case may be is empowered to entertain a revision to examine the correctness, legality or propriety of any decision made or order passed by the subordinate authority under the provisions of the Act. Therefore, I am of the opinion that the issues raised by the petitioner in this writ petition, which cannot be adjudicated by this Court while exercising its jurisdiction under Article 226 of the Constitution of India, can be appropriately decided by the revisional authority. Accordingly, the Writ Petition is dismissed with liberty to the petitioner to avail the said remedy. As a sequel to dismissal of the writ petition, W.P.M.P.No.8200 of 2011 filed by the petitioner for interim relief is dismissed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 15th March, 2011 GHN