IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.26954 of 2008 Between: Fishermen Co-operative Society, Nandanam (Proposed Society, Nandanam (Proposed Society) Nandanam Village, Bhongir Mandal, Nalgonda District, Rep.by its Chief Promotor Y. Estari S/o.Yadagiri, aged about 40 years, R/o.Nandanam (V), bhongir (M), Nalgonda Distrit. ..... PETITIONER AND The Commissioner of Fisheries, Fisheries Department, Matsya Bhavan, Shantinagar, Vijay Nagar Colony, Hyderabad and others. .....RESPONDENTS ORDER: Heard M/s.M. Vidyavathi, learned counsel representing the petitioner and the learned Government Pleader for Fisheries. 2. The writ petition is filed praying for the relief of writ of Mandamus declaring the action of the respondents in not according permission to Register/organize Fishermen Co- operative Society, Nandanam Village, Bhongir Mandal, Nalgonda District, as bad, arbitrary and contrary to the provisions of A.P. Co-operative Societies Act, 1964 and also offends Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to register the Fishermen Co-operative Society, Nandanam Village, Bhongir Mandal, Nalgonda District, under A.P. Co-operative Societies Act, 1964 in the interest of just and pass such other suitable orders. 3. It is averred in the affidavit filed in support of the writ petition that the deponent is the Chief Promoter of the proposed Fishermen Co-Operative Society, Nandanam Village, Bhongir Mandal, Nalgonda District. The villagers of Nandaman village made a representation to the respondents from the year 2007 onwards including the representation dated 24-09-2008 seeking permission to form Fishermen Co-operative Society to their village to eakout their livelihood by catching fish in the tanks which are located in their village. In other words, the villagers requested the respondents to accord permission for formation/organization of separate Fishermen Co-operative Society, Nandanam village since they are depending on fishing to eak out their livelihood. The Government had always issuing instructions to the concern to bring up the intensive fish culture. It is to organize a separate society to every village as desired by the fisherman of the village concern. The Registrar under the Co-operative Societies Act, 1964 is empowered to register the society under the A.P. Co-operative Societies Act, 1964. The Registrar after satisfying the conditions laid down in Section 6, register the society and bylaws of the society. Thus discretion is given to the Registrar to register the society provided the society had complied the requirements specified under the Act. The power conferred by Section 3 of the A.P. Co-operative Societies Act, 1964 on the Director of Fisheries, Deputy Director of Fisheries and Assistant Director of Fisheries as the case may be. The Assistant Director of Fisheries is known as functional Registrar, who is the competent authority to register the Fishermen Co-operative Society. Whenever the fishermen formed a society, shall apply to the Registrar to register the society and bylaws after satisfying himself. 4. It is also stated that Fishermen Co-operative Society, Bhongir, Nalgonda District, which was registered in the year 1952 with Regd.No.5349. The said society was in existence covering 18 villages out of 18 villages 10 villages are already separated and formed as independent societies. At present the society is existing with 8 villages. The area of operation of the society is Ac.400-00 Cents. The Village Nandanam is one among 8 villages, having Nandanam Pedda Cheruvu to an extent to Ac.62-28 Cents, 19 members of Nandanam village are continuing as members in Fishermen Co-operative Society, Bhongir, Nalgonda District. Though the village Nandanam is one among other villages of 3rd respondent society. As stated above Pedda Cheruvu is located in the village limits of Nandanam and the same is 10 KM distance to Fishermen Co-operative Society, Bhongir. The Fishermen (19 in number) are solely depending on fishing and eaking out their livelihood by catching fish. 5. Further it is stated that the members of Fishermen Co- operative Society, Bhongir, from Nandanam village are 19 in number as stated above. Infact there was an agreement between the 3rd respondent and the Fishermen of Nandanam village regarding of fishing rights of Nandanam village, apart from membership in Fishermen Co-operative Society, Nandanam, but the 3rd respondent society is not giving share as agreed and also not distributing the income derives from all the tanks of the society. In view of the action of the 3rd respondent society, though the petitioner society approached the 2nd respondent for formation of separate society to Nandanam village he had not accorded permission as per the provisions of 15 (A) and 16 (5) of A.P.C.S. Act,1964. 6. This court issued rule nisi on 11-12-2008 and the counsel is permitted to take notice to respondent No.3. Respondent No.3 had been served. 7. In the counter affidavit filed on behalf of respondents 1 and 2 several averments have been made. 8. It is stated that it is a fact that, one application dated 24-09-2008 was received by this respondent’s office on 26-09-2008 from the villagers of Nandanam. The contents of the application and their main plea is that, the Fishermen hailing from Nandanam village are continuing members in the Fishermen Co-operative Society, Bhongir till 10 years. But, they were not getting fish catch shares properly from Nandanam tank. Hence, they wanted to organize separate society at Nandanam village. 9. It is also stated that another application dated 01-12-2008 was received on 02-12-2008 from the villagers of Nandanam in which they were reported that, (20) Mudiraj Caste members from Nandanam village were enrolled in the Fishermen Co-operative Society, Bhongir since 10 years. But, some of the non-residents relatives who were not there, who are not having enrolled in the Voter list and not having Ration Cards were enrolled in the Fishermen Co- operative Society, Bhongir and threatening Fishermen of Nandanam Mudiraj Community. Hence, they wanted to organize separate society deleting from the Fishermen Co-operative Society, Bhongir. 10. It is also stated that thus in both the applications, the petitioners raised certain allegations on the Fishermen Co-operative Society, Bhongir. Keeping in view of the above the department had sorted out to issue and tried to settle the issue amicably without going for bifurcation. 11. It is further stated that the members (Allicants) never made any exclusive application for bifurcation as specified in the Section 6 of A.P. Co-operative Societies Act and Rules of 1964. Anyhow the department is trying to sort out the problem and also initiating action as per Cooperative Act and Rules to settle the request of Nandanam village fishermen members by the competent authority. 12. It is also stated that the Fishermen Co-operative Society, Bhongir was registered during the year 1952 with it’s Registration No.5344/52. It is also fact that, the Fishermen Co-operative Society is having (8) villages, and it’s water sources in it’s area of operation, in which Nandanam village is one among (8) villagers are also having the tank called Peddacheruvu having area extent of Ac.62.28 Guntas as per the report of the petitioner. 13. Further it is stated that there is some controversial between the Department and Fishermen Co-operative Society, Bhongir about genuine membership existing in it’s society. The department is trying to sort out the eligible bonafied membership in the society. Hence, the exact number of membership hailing from the Nandanam village in the Fishermen Co-operative Society, Bhongir is not aware by the department. Further, the petitioner reported that, (400) Acres are existing in the area of operation of Fishermen Co-operative Society, Bhongir. If it is the fact, the society is not having viability to it’s existing members as per the norms fixed by the Commissioner of Fisheries, AP., Hyderabad, One Hector per One member vide Memo.No.26130/I(1)/83, dated 24-12-1983. 14. Further it is stated that the Department was not aware of agreement and understanding between the members of Nandanam village and the Fishermen Co-operative Society, Bhongir. But, this is long time dispute about bonafied eligible existing fishermen members in the society. The Department is initiated action to ascertain the actual water spread area available in the area operation of Fishermen Co-operative Society, Bhongir, so as to streamline the genuine membership into existing society and also to initiate action for bifurcation and accord permission as per the provisions of 15(A) and 16(5) of A.P. Co-operative Societies Act, 1964. 15. It is also averred that Nandanam village situated away from the Bhongir town the Headquarters of Fishermen Co-operative Society and also separate Grama Panchayat having it’s own water sources. While registration of Fishermen Co-operative Society, Bhongir, the Nandanam village is also included in the area of operation of Fishermen Co-operative Society among the other villages those were covered in it’s area of operation and all he villages are having water sources. In the course of time certain villages might have deleted in the area of operation of the Fishermen Co-operative Society, Bhongir and formed new Fishermen Co-operative Society of their own by approaching the Department with exclusive proposals for bifurcation. Keeping in view of the viable norms under Section 15(A) of A.P. Cooperative Societies Act 1964, the villages have been bifurcated. But, in this case of Nandanam villagers, they never approached the Department with exclusive proposals for bifurcation. And hence the contention of the petitioners sating that, the respondents have not taken any action on their representation to accord permission is not correct. 16. It is further stated that by perusal of their representations dated 24-09-2008 and 01-12-2008 the villagers of Nandanam village raised certain allegations and their internal problems among them and Fishermen Co-operative Society, Bhongir and Department had tried to solve the issues and problems. Apart from these, the Department is initiating efforts to ascertain to feasibility and viability to take action under Section 15(A) of A.P. Co-operative Societies Act and Rules, 1964 by following the procedure. The reports are awaited from various authorities. Soon after receipt of feasible reports from the authorities, action will initiate for organization of new Fishermen Co-operative Society at Nandanam village with bonafied eligible fishermen of the said Village as per the Co-operative Act and Rules. Certain further averments also had been made in the counter affidavit. 17. A copy of the representation along with the translated version and the copy of the order made in W.P.No.20159 of 2008 were also had been placed before this court. In writ petition No.20159 of 2008 by order dated 16-09-2008 this court dispose of the writ petition as hereunder: “The 2nd respondent is the functional Registrar of the Fishermen Co-operative Society. The A.P. Co- operative Societies Act, 1964, and the Rules made thereunder, prescribes the procedure to be followed, in the matter of formation of new societies, and bifurcation of the existing ones. This Court cannot declare as to whether there is any viability for bifurcation of the 3rd respondent- society. The 2nd respondent has to examine the matter, in consultation with the 3rd respondent. Nearly ten months have elapsed, since the petitioner submitted its representation. Hence, the writ petition is disposed of, directing the 2nd respondent to take necessary steps on the basis of the representation made by the petitioner, on 28-11-2007, strictly in accordance with law, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.” 18. In the light of the stand taken in the counter affidavit the writ petition is disposed of directing the respondent No.2 to take further steps in this regard in accordance with Section 15-A of the A.P. Co-operative Societies Act, 1964 as early as possible preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. 19. The writ petition is disposed of accordingly. No order as to costs. ___________________ P.S. NARAYANA, J October 12, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.26954 of 2008 October 12, 2009