IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1311 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18/09/2008 in WP NO : 20336 OF 2008 on the file of the High Court.) Between: 1 Fishermen Co-operative Society, Vemulakonda Village, Veligonda Mandal, Nalgonda District, rep. by its President, Ambati Anjaiah, S/o. Sianna, Aged about 50 yrs, R/o. Vemulakonda (V), Veligonda (M), Nalgonda District. 2 The MAnaging Committee of Fishermen Co- operative Society, Vemulakonda Village, Veligonda Mandal, Nalgonda District, rep. by its President, Ambati Anjaiah, S/o. Sianna, Aged about 50 yrs, R/o. Vemulakonda (V), Veligonda (M), Nalgonda Dist. 3 Sadula Rangaiah S/o. Ramaiah R/o. Vemulakonda, Valigonda Mandal, Nalgonda District. 4 Ganeboyina Maraiah S/o. Narsaiah, R/o. Vemulakonda, Valigonda Mandal, Nalgonda District. 5 Gumudavelli Srihari S/o. Veeramallu, R/o. Vemulakonda, Valigonda Mandal, Nalgonda District. 6 Ambati Sri Ramulu S/o. Sailu R/o. Vemulakonda, Valigonda Mandal, Nalgonda District. ..... APPELLANTS AND 1 S.Venkatesham, S/o. Rajaiah, R/o. Vemulakonda, Valigonda Mandal, Nalginda District. 2 A.Sattaiah S/o. Kistaiah R/o. Vemulakonda, Valigonda Mandal, Nalginda District. 3 Sadula Rangaiah S/o. Ramaiah R/o. Vemulakonda, Valigonda Mandal, Nalginda District. 4 Genaboyina Maraiah S/o. Narsaiah R/o. Vemulakonda, Valigonda Mandal, Nalginda District. 5 Gumudavelli Srihari S/o. Veeramallu R/o. Vemulakonda, Valigonda Mandal, Nalginda District. 6 Ambati Sri Ramulu S/o. Sailu R/o. Vemulakonda, Valigonda Mandal, Nalginda District. 7 The State of A.P., rep. by its Commissioner, Fisheries Department, Mathya Bhavan, Shantinagar, Masabtank, Hyderabad. 8 The Deputy Director of Fisheries, Nalgonda, Nalgonda District. 9 The Fisheries Development Officer, Bhongiri, Nalgonda District. 10 The Assistant Director of Fisheries, Nalgonda. .....RESPONDENTS Counsel for the Appellant:MS.M.VIDYAVATHI Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : JUDGMENT: (Per the Hon’ble Smt. Justice T.Meena Kumari ) Aggrieved by the order, dated 18.09.2008 made in WP No.20336 of 2008 by a learned Single Judge of this court directing the respondents 8 to 10 herein to inquire into the allegations about the admission of ineligible members into the first appellant Society by the second appellant herein, after giving an opportunity to the concerned persons and to take further action in the matter within a period of six weeks, the respondents 5 and 6 in the writ petition, preferred this Appeal. Learned counsel for the appellants – 5th and 6th respondents in the writ petition contends that the above writ petition was disposed of at the stage of admission without issuing notice to the appellants and pursuant to the order of the learned Single Judge consequential show cause notice No.684/B/2005 dated 30.12.2008 was issued. Learned counsel for the appellant further submits that the appellants have filed WAMP No. 124 of 2009 seeking suspension of the said show cause notice for the reason that the appellants were not put on notice in the writ petition. Heard the learned Government Pleader for Fisheries appearing for respondents 7 to 10 and Mr. M.Brahma Reddy, learned counsel for the respondents 1 to 6. Heaving regard to the facts and circumstances of the case, without adverting to merits or otherwise of the contentions raised in this appeal, the impugned order passed by the learned Single Judge is set aside on the ground that the appellants were not put on notice in the writ petition. The Registry is directed to list the Writ Petition before the learned Single Judge having roster on 5.2.2009 and the appellants are directed to file their counters, in the meanwhile. The consequential show cause notice No.684/B/2005 dated 30.12.2008 passed by the Deputy Director of Fisheries, Nalgonda, is accordingly set aside. With the above direction, the Writ Appeal is disposed of. No order as to cost. _____________________ Justice T. Meena Kumari _________________________ Justice C.V.Nagarjuna Reddy January 29, 2009 MAS