THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27890 of 2010 Date: 29.09.2011 Between: The Fishermen Co-Operative Society, Nandanam, (Proposed Society), Nalgonda District, Reptd by Its Chief Promoter-Y.Estari ..... Petitioner AND Commissioner of Fisheries, Matsya Bhavan, Hyderabad and two others. .....Respondents Counsel for the Petitioner : Ms M.Vidyavathi Counsel for Respondent Nos.1 & 2 : AGP for Fisheries Counsel for respondent No.3: Sri Sridhar Chikyala, For Sri M.Surender Rao The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to set aside order, dated 21.10.2010, in proceedings No.288/B/2008, of respondent No.2. The petitioner is a proposed society which has been striving to come into existence by getting out of respondent No.3-society. When its request for formation of a new society, after deleting from respondent No.3-society was not heeded to, it has filed Writ Petition No.26954 of 2008, which was disposed of by order, dated 12.10.2009, wherein this Court after considering the contents of the counter-affidavit, directed respondent No.2 therein to take further steps in accordance with Section 15-A of the Andhra Pradesh Co- Operative Societies Act, 1964. In compliance with the said direction, respondent No.2 has issued the impugned order rejecting the petitioner’s request for deletion from respondent No.3-society on the ground that by such deletion, respondent No.3-society will be rendered unviable. In this Writ Petition, the petitioner has not disputed the ground on which respondent No.2 has rejected its request namely respondent No.3-society becoming unviable, in the event of deletion of Nandanam Village from its area of operation. Learned counsel for the petitioner further submitted that a Writ Appeal is pending in which the issue of deletion of bogus members from respondent No.3-society is under consideration and that, if the bogus members are deleted from respondent No.3-society, the same will not become unviable even if Nandanam Village is excluded from the area of operation of respondent No.3-society. In my opinion, so long as the alleged bogus members continue to be in respondent No.3-society, the petitioner cannot insist that Nandanam Village should be deleted from the society’s area of operation because it is not in dispute that exclusion of Nandanam Village from the respondent No.3-society, will lead to the said society becoming unviable. In this view of the matter, I do not find any merit in the Writ Petition. However, the petitioner shall be free to approach respondent No.2 with a fresh request, in the event, the alleged bogus members are deleted from respondent No.3-society. Accordingly, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.35568 of 2010 filed by the petitioner for interim relief is also dismissed as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 29th September 2011 DR