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 : 1569 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 29/10/2008 in WP NO : 23525 OF 2008 on the file of the High Court.) Between: 1 Fishermen Co-operative Society, Vemulakonda Village, Valigonda Mandal, Nalgonda District, Rep by its President Ambati Anjaiah S/o. Saianna, Aged 50 years, R/o. Vemulakonda (V), Valigonda(M), Nalgonda Dist.. 2 A. Anjaiah, S/o. Saianna, R/o. Vemulakonda (V), Valigonda(M), Nalgonda District. 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. ..... APPELLANTS AND 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. 4 The State of Andhra Pradesh, rep. by its Commissioner of Fisheries Department, Mathya Bhavan, Shantinagar, Masabtank, Hyderabad. 5 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 29.10.2008 made in WP No.23535 of 2008 by a learned Single Judge allowing the writ petition setting aside the notice and the resolution dated 6.10.2008 through which respondents 1 to 3 herein were removed from the membership and leaving it open to the Co-Operative Society to take action strictly in accordance with the provisions of law, the respondents 3 and 4 in the writ petition, preferred this Appeal. Learned counsel for the appellants – 3rd and 4th 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 calling for explanation from the ineligible members as to why they shall not be removed from the primary membership of the Co-Operative Society. Learned counsel for the appellant further seeks suspension of the impugned order passed in the above writ petition on the ground 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 and it was disposed of at the stage of admission. 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 before the learned Single Judge. 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