IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 645 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 12/06/2008 in WP NO : 11688 OF 2008 on the file of the High Court.) Between: 1 District Fishermen Co.Op. Society, Guntur Rep. by its President Panthani Muralidhar Rao S/o. Ramanujaiah R/o. Kothapalem Village, Nizampatnam Mandal, Guntur District. 2 District Fishermen Co.Op. Society, Karimnagar Rep. by its President Chetu Dharmaiah S/o. Rajaiah R/o. District Fishermen Co.Op. Society, O/o. Asst. Director Office, Karimnagar, Karimnagar District. 3 District Fishermen Co.Op. Society, Vizianagaram Rep. by its President U. Pydichetti S/o. Appala Swamy R/o. Butchanna Koneru Village, Vizianagaram, Vizianagaram District. 4 District Fishermen Co.Op. Society, Mahaboobnagar Rep. by its President R. Balaraj S/o. Pentaiah R/o. Pedda Elkicherla Kondur Mandal, Mahaboobnagar District. 5 District Fishermen Co.Op. Society, West Godavari Rep. by its President Baswani Sriram S/o. Venkata Ratnam R/o. Koneti Thippa, Bhimavaram Mandal, West Godavari District. 6 District Fishermen Co.Op. Society, Anantapur Rep. by its President M. Govardhan S/o. Pedda Obulesu R/o. Ramgiri, Anantapur, Anantapur District. ..... APPELLANTS AND 1 Bhagyanagar Fisherman Fish Marketing Cooperative Society (Regd.No.21/IU/2000) Door No.1-3-176/D/14, Unnikonda, Kawadiguda, Musheerabad Mandal, Hyderabad Urban District Hyderabad, rep. by its Secretary, S. Anjaiah. 2 Vemulakonda Fisherman Coop. Society, Vemulakonda Valigonda Mandal, Nalgonda District, Rep. by its President, A. Anjaiah. 3 Gokaram Fisherman Cooperative Society, Valigonda Mandal, Nalgonda District, rep. by its President, P. Narayana. 4 Nellore Fisherwomen Cooperative Society, Nellore, rep. by its President P. Aruna. 5 State of A.P., Rep. by its Principal Secretary, Animal Husbandary & D.D. & Fisheries Department, Secretariat Buildings, Secretariat, Hyderabad. 6 The Commissioner of Fisheries, Matysa Bhavan, Shantinagar, Vijayanagar Colony, Hyderabad. 7 A.P. State Fishermen Cooperatie Societies Federation Limited, Rep. by its Managing Director, Matysa Bhavan, Shanthinagar, Vijayanagar Colony, Hyderabad. .....RESPONDENTS Counsel for the Appellant: MS.M.VIDYAVATHI Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : ORAL JUDGMENT: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Aggrieved by the order, dated 12.06.2000 made in WP MP No. 15066 of 2008 in W.P. No. 11688 of 2008 by a learned Single Judge of this court, staying the proposed election to the seventh respondent Federation herein, certain District Fishermen Co-Operative Societies, who are not parties to the writ petition, have preferred this Writ Appeal. The respondents 1 to 4 herein, have filed the above writ petition seeking a writ of mandamus directing the respondents 5 to 7 herein to conduct elections to the seventh respondent Federation as per the voters list prepared prior to 27.1.2007 under the Old Bye-Laws by declaring the amended bye-laws dated 27.1.2007 as contrary to Sec. 16 of the A.P. Cooperative Societies Act. The learned Single Judge on hearing learned counsel for the respondents 1 to 4 herein and the learned Government Pleader for Fisheries, appearing for the respondents 5 to 7, on 12.6.2008 passed interim order, which reads: “..Since admittedly, as on today, elections have not been held to the District Co-Operative Societies in five districts resulting in non-representation of delegates from the said districts under Clause 4(c) of the Bye-Laws, prima facie this Court is of the view that the proposed election to the 3rd respondent Federation is illegal and impermissible. Hence, there shall be interim stay as prayed for..” Aggrieved by the said interim order, the appellants who are not parties to the writ petition, with leave to file appeal, have filed this Writ Appeal. Evidently, as the writ appeal is filed against the grant of interim stay, we are of the opinion that the appellants can avail the remedy available to them in accordance with law, before the learned Single Judge. Therefore, without adverting to merits or otherwise of the contentions raised before this court, we do not find any reason to entertain the Writ Appeal. Consequently, the Writ Appeal fails and is accordingly dismissed. No order as to costs. ____________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan July 4, 2008 MAS. ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {MSN}