THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33776 of 2010 DT.31.12.2010 Between: Sri Sangani Srinivasa Rao and others … Petitioners And Government of Andhra Pradesh, rep.by its Principal Secretary, Department of Fisheries, Secretariat, Hyderabad and others … Respondents Counsel for the Petitioners: Sri K.S.Murthy Counsel for respondents: GP for Cooperation The Court made the following ORDER: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in incorporating Sri Parvathi Parameshwara Fishermen Cooperative Society with non-residents of Lolla Village as illegal and arbitrary. After hearing Sri K.S.Murthy, learned counsel for the petitioners, and perusing the record, I am of the opinion that the issues raised by the petitioners in this writ petition require to be decided by respondent No.3 under Section 61 of the A.P.Cooperative Societies Act, 1964 (for short ‘the Act’). The said provision envisages that notwithstanding anything in any law for the time being in force, if any dispute touching the constitution, management or the business of a society, other than a dispute regarding disciplinary action taken by the society or its committee against a paid employee of the society, arises, the same shall be referred to the Registrar for adjudication. Understanding this provision it its true spirit, the Deputy Director of Fisheries issued memo No.556/A-1/2010, dated 13.04.2010, whereby he has directed respondent No.3 to initiate proceedings under Section 61 of the Act and decide the disputes. However, respondent No.3, who evidently did not comprehend the true scope of this provision, issued proceedings in R.C.No.202/A4-06, dated 26.06.2010, wherein while declaring that he has no power to take a decision on the membership of the members of the society, called upon the society members to decide the dispute among themselves in the General Body Meeting. As noted above, the disputes which can be decided under Section 61 of the Act include the disputes touching the constitution of the society. The very plea of the petitioner is that the society in question was constituted with at least 40 persons who are not eligible to become the members. Therefore, in my opinion, provisions of Section 61 of the Act are available for adjudication of these disputes. Accordingly, respondent No.3 is directed to initiate proceedings under Section 61 of the Act and decide the disputes, after notice and opportunity to both the parties, within a period of two months from the date of receipt of a copy of this order. Subject to the above direction, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.42788 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date:31.12.2010 Note: Issue CC in one week. (b/o) VGB