HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5245 of 2010 Date: 27.09.2011 Between: Primary Fishermen Co-Operative Society Limited, Thukkapur Village, Thogita Mandal, Medak District. ..... Petitioner AND The Assistant Director of Fisheries/ Ex.Officio Deputy Registrar of Co-Operative Societies, Medak District and five others. .....Respondents Counsel for the Petitioner: Sri D.Goverdhana Chary Counsel for the Respondent Nos.1 & 2: AGP for Fisheries The Court made the following: ORDER: This Writ Petition concerns itself with the dispute pertaining to fishing rights between the petitioner on one side and respondent No.3 on the other in respect of Somireddy Cheruvu and Burroni Cheruvu of Thukkapur Village, Thogita Mandal, Medak District. It is not disputed among the learned counsel appearing for the parties that the dispute raised by the petitioner is amenable for adjudication under Section 61 of the Andhra Pradesh Co-Operative Societies Act, 1964 (for short ‘the Act’) by the Registrar. In line with this view, even the Assistant Director of Fisheries who is the functional Registrar, in para No.13 of his counter-affidavit, stated that since a suit (O.S.No.53 of 2003) is pending between the parties on the file of the learned Junior Civil Judge, Siddipet, such a dispute could not be entertained by him under Section 61 of the Act. At the hearing Sri D.Goverdhana Chary, learned counsel for the petitioner, submitted that the said suit was dismissed in September, 2010 and that, there is no impediment for respondent No.1 to entertain and adjudicate the dispute. In my opinion, even if a suit for permanent injunction is pending that does not deter respondent No.1 from entertaining the dispute and adjudicating the same under Section 61 of the Act as the parties to the dispute are two Co-Operative Societies. In this view of the matter, the petitioner is permitted to make an appropriate application before respondent No.1 for adjudication of dispute under Section 61 of the Act. If and when such an application is made, respondent No.1 shall entertain and dispose of the same, within a period of three months of raising such dispute, after giving notice and opportunity to the petitioner and respondent No.3. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.6758 2010 filed by the petitioner for interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 27th September, 2011 DR