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Andhra Pradesh High Court - Amravati

Ponnamanda Venkateswara Rao vs State Of Andhra Pradesh on 16 December, 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
(SPECIAL ORIGINAL JURISDICTION}
MONDAY, THE SIXTEENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FOUR

':PRESENT:

HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 29855 OF 2024

Between:

4

eg

BR be

Ponmamanda Venkateswara Rao, S/o Prakasha Rao, aged about 74
years Rio Ralulanka, Pedalanka, Lakshmaneswaram, West Gocavan
District

Fonnamanda Prakash Rao, Sfo P Venkateswara Reo, aged about 39
years R/o Ralulanka, Pedalanka, Lakshmaneswaram, West Godayan
Disiric

Ponnamanda Narasimha Swamy, S/o F Venkateswara Rao, aged abou
35 years Rio Rajulanka, Pedalanka, Lakshmaneswaram, West
Godavarnl Cistrict

Poethioners
AND

. Slate of Andhra Pradesh, represented by ifs Principal Secretary,

Department of Animal Husbandry, Dairy Develoornent and Fisheries,
Secretariat, Velagapudi, Amaravathi, Guntur (istrict

The Cammissioner of isheries, Poranki, Vieyawada, NTR District
The District Collector, West Godavari District af Ghimavarain

The District Fisheries Officer, West Godavari Oistrict / Ex Officio Joint
Registrar of Fishermen Cooperative Societies, West Godavari District
The Asst Director of Fisheries, Narsapuram, West Godavar [istrict
The Primary Marine Fishermen Cooperative Society, Rajlulanka,
Narsapurarn Mandal, West Godavari Disirict represenied by its Part-
time Person incharge Committees Fisheries Develnprieant Officer,
Palakallu Narsapuram, West Godavari District

Respondents



Petition under Article 226 of the Constitution of india is Hed pray' ing that
in the circumstances stated in : the affidavit fled therewith, the Hi igh Court may
be pleased fo issue a Writor Wiis, Order or Direction, more particularly ane in
the nature of Writ of Mandamus declaring ihe action of the Respondents for
not conducting elections to The Primary Marine Fishermen Cooperative

Society, Ralulanka, Narsapuram Mandal, West Godavari Distict with Regn.

No. 42-0 °

AP.C.S Rules, 1964, te the best interests of the members of the Society anc

Respondent herein} under APLC S.Act, 1964 read with

fulfiment of abject of formation of the Society, as bad, arbilrary. contrary sto the
provisions of A.P.C.S Aci, 1864 and rules made thereunder and aise offers
Arts. 14,79/7Ng) and 21 of the Constitution of India, apart from the principle of
democratic polity and to pass such other or further orders as are deemed ©
and praper in the clrournstances of the case.

IA NG: 1 OF 2024

Petition under Section 181 CPC is fied praying thal in. the

elreumatances stated in the grounds fled in support of the petition, the
High Court may be pleased te direct the Respondents to forthwith conduct
election The Primary Marine Fishermen Cooperative Society, Rajulanka,
Narsapuram Mandal, West Godavari Disirel with Regn. No. 42-0 16"
Respondent herein) expeditiously, in the inferesis of justice and fair play,
Pending disposal of WP 29555 of 2024, on the fle of the High Court,

The peifiion coming on for hearing, upon perusing the Pelitioen and the
affidavil Hed In support thereof and upon hearing the arguments of Mis. M
VIDVAVATHI, Advocate for the Petitioners, the Gourl made the following
ORDER:

"The present wit petition is fled by Sri Ponnamanda Venkateswara Rac, Ponnamanda Prakash Raa and Ponnamanda Narasimha Swamy.

Today Le. on 16.12.2024, petitioners personally appeared before this Court through learned counsel and submitted that present writ natition is not fled by tham. At this juncture, igarned counsel for the petitioners on record, submits that vakalat of the pelitioners was handed over to her by the ropreseniative of the petitioners. Learned counsel further requesis to adjourn the matter for getting Instructions from the representative of the petitioners.

Qn the other hand, learned counsel, who appeared before this Court on behalf of the petitioners, categorically states that petitioners did not sign any vakalat for filing the present writ petition and they did not authorise any one to represent on their behalf, in view of the above, this Court finds # appropriate to order for an inquiry, The Registry is directed fo inquire whether the signatures an the vakalat fled with this writ petition are genuine or nal, and fo submit a report to this Court.

The petitioners, who appeared before this Court and the learnad counsel far fhe pethioners on record also Specifically directed to cooperate with the Registry, for such inquiry. List the mater on 28.72.2094"

SO/-B.CHITT] JOsEpy ASSISTANT REGIST Ran oe NTRUE copy) SECTION OFFICER For ASSISTANT REGISTRAR . Ta, veh . The Registrar {Judicial}, High Court of Andhra Pradesh, Amaravati,

2. The Principal secretary, Department of Animal Husbandry, Dairy Develonment and Fisheries, Secretariat, Velagapudi, Amaravath), Guntur District, State of Andhra Pradesh (BY SPECHLAL MESSENGER} SSS se O54 o swing .

The Cammissioner of Fisheries, Porankl, Vi fayawada, NTR Oistric The District Collector, Weet Godavan Oistrict at Bhimavaram The District Fisheries Officer, West Gocavar ENsinct { fx Officia Joint Registrar of Fisherrnen Cooperative Societies, West Godavari Yhe Asst. Director of Fisheries, Narsapuram, West Godavari District The Pariime Person Incharge Commitee! Fisheries Develonment Officer, Primary Marine Fishermen Cooperative Society, Rajulanka, Narsapuram Mandal West Godavari District, Palakallu N Narsapuram, West Godavari District (Addressee Nos.3 fo 7 by RPAD} One CC fo SRE M VIOYAVATHI Advocate » fORUCI Two CCs io GP FOR FISHERIES Hj igh Court of Andhra Pradesh. (OUT) One spare cany HGH COURT AV, J DATED MON 2/2024 LIST THE MATTER ON 28.43.2024 ORDER WP No 29885 of 2024 CHRECTION SE A a <e SS ANG oN ee wT ee cate toy "hep SS SS SOREN BOS ' = SWS Sah SSS ewe ee ss _ z.

EXP SNH .

SES ATG nan emneneen SATS.