IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION NO.17479 OF 2009 TUESDAY, THE EIGHTH DAY OF SEPTEMBER, TWO THOUSAND AND NINE Between: Kamanchi Mohan Kumar .... Petitioner. And: The Assistant Director of Fisheries, Pattabhipuram,Guntur and another ....Respondents. THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.17479 OF 2009 ORDER: This Court ordered Rulenisi on 24.08.2009. Though the matter is coming up under the caption of Interlocutory, inasmuch as counter- affidavit had been filed by the 2nd respondent, writ petition itself is being disposed of after hearing the learned counsel for both sides. This Writ Petition is filed seeking a writ of mandamus to declare the action of the respondents in not releasing the sale proceeds to the members of the society namely; the Inturu Yerukala Fishermen Cooperative Society, Inturu, Amrathalur Mandal of Guntur District, as illegal, arbitrary. It is stated that the petitioner was the Ex.Chair-Person of the 2nd respondent-society, which was formed exclusively for STs with some of the members on 29.6.2000. It is further stated that some of the members of the society wanted admission into the 2nd respondent society, with a view to make it unviable and deprive their livelihood and litigation relating to the admit of the members of the erstwhile parent society is now the subject matter in O.A.No.25/2008 on the file of the A.P. Cooperative Tribunal, Vijayawada. It is further stated that since the inception of the society in the year 2000, only 32 members were conducting fishing and enjoying the dividend and accordingly the lease amount of Rs.67,000/- was paid for the year 2008-09 in pursuance to the notice dated 19.11.2008. It is stated that when the respondents did not allow the members of the society to conduct fishing, the petitioner approached this Court by way of W.P.No.8518 of 2009 and this Court by an order dated 24.4.2009 in W.P.M.P.No.11145 of 2009 permitted the petitioner to conduct fishing operation and the sale proceeds were directed to be deposited in the account of the society. It is further stated that pursuant to the orders of this Court dated 24.4.2009, the 2nd respondent had issued a letter to the petitioner for convening of the General Body meeting to discuss the constitution of Three Men Committee and inviting tenders for conducting the fishing with the help of members of the society alone. It is stated that the General Body Meeting was convened on 04.06.2009 and passed a resolution for catching the fish. It is stated that the society members have quoted the price and conducted the fishing and entire sale proceeds of Rs.3,40,000/- were deposited in the society account of Tenali Branch of Guntur District Cooperative Central Bank Limited. It is stated that the society has been raising loans for payment of the lease amount but could not conduct fishing since 2005 for various reasons and aggregate sum of Rs.2,31,500/- was incurred which needs to be repaid. It is stated that pursuant to the orders of this Court dated 24.4.2009, the respondents have deposited the sale proceeds into the society account and refusing to pay the dividend to the membes of the society and for want of release of the amounts, the members of the society are subjected to inconvenience and are on the verge of semi starvation for want of sustenance. In such circumstances, the present writ petition is filed. In the counter-affidavit filed by the 2nd respondent, several facts had been narrated, including the proceedings No.1196/E/2001 dated 28.01.2003, Memo No.1196/E/01 dated 16.10.2006, advance payment of lease amounts particulars as per cash book, the balance deposit particulars and the sale proceeds had been placed before this Court. It is stated that the Intur Yerukula Fishermen Cooperative Society, Intur village, Amrthalur Mandal was formed with 32 members who were the members of erstwhile parent society namely Amarthalur Yanadi Fishermen Cooperative Society Limited, Amarthalur village and Mandal on 29.6.2000. It is further stated that the other members were approached this Court for their enrolment by filing W.P.No.21737 of 2001, where in this Court passed an order on 17.7.2002 stating that all the residents of Intur village who were members of erst while parent society i.e., Amarthalur Fishermen Cooperative Society are entitled for enrolment. Accordingly the then Assistant Director of Fisheries, Guntur enquired and accorded permission for admitting 37 members vide Proceeding No.1196/E/2001 dated 28.1.2003. Again the then Assistant Director of Fisheries, Guntur had issued instructions to the Person-In-charge for admission of 37 members vide Memo No.1196/E/01, dated 16.10.2006 and the said membership is subject to disposal of OA.No.25/2008 pending on the file of the A.P. Cooperative Tribunal, Vijayawada. It is stated that since the inception of the society in the year 2000, the 32 initial members of the society were conducting fishing operations but not enjoying the dividend due to the dispute relating to membership. Every year the (petitioner society) Ex-Chief Promoter, of the petitioner’s society Sri K. Mohan Kumar advances the lease amount and the same is being paid to the Grampanchayat, Inturu. It is stated that the Inturu Gram Panchayat had leased out the tanks under its control to the Inturu Yerukula Fishermen Cooperative Society. The lease period falls from 1st July, 2008 to 30th June, 2009. Lease amount was paid to the Inturu Gram Panchayat on 12.12.2008 pursuant to the notice dated 19.11.2008. It is in middle of fish culture in the said tanks, and there is abundant time for doing culture, even though at that time, the Inturu Grampanchayat did not allow to bail out water from the said tanks for conducting fishing operations, because the water in the said tanks are being used by the public of the Grampanchayat. So the fishing operations were not immediately conducted after payment of the lease amount. As already stated by the 2nd respondent in their counter-affidavit, apart from other Proceedings the Memo, as already mentioned supra, had been placed before this Court. In the light of the specific stand taken by the 2nd respondent and in view of the orders passed by this Court in W.P.M.P.No.11149 of 2009 in W.P.No.8518 of 2009 dated 24.4.2009, now such deposit has been made. In the light of the facts and circumstances and the averments made, this Court is of the considered opinion that non realisation of the sale proceeds of the members of the society may not be just and proper and in the light of the same, the writ petition is to be allowed. The Writ Petition is allowed accordingly. No order as to costs. _______________ P.S.NARAYANA, J September 08, 2009 GK. THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION NO.17479 OF 2009 DATE:08.09.2009 GK.