Andhra Pradesh High Court - Amravati
Sri Shirdi Sai Inland Fishermen ... vs The State Of Andhra Pradesh on 13 February, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M.GANGA RAO
Writ Petition No. 19913 of 2019
ORDER:
The petitioner, a Fishermen Co-operative Society represented by its President, filed this writ petition to issue a Writ of Mandamus declaring the action of the respondents in non-considering the resolution dated 30.06.2019 passed by the Executive Committee of petitioner society for admitting 90 members by conducting skill test as per G.O.Ms.No.74, Animal Husbandry, Diary Development & Fisheries (F.II) Department, dated 21.10.2011 and shortlisted only 24 applicants out of 90 applicants by Letter No.05/A/2014 dated 27.11.2019 of the 4th respondent by appointing the 9th respondent as observer to conduct skill test scheduled to be held on 03.12.2019, as illegal, violative of G.O.Ms.No.74 dated 21.10.2011, contrary to the provisions of Andhra Pradesh Cooperative Societies Act, 1964 (for short 'the Act') and violative of Articles 14, 19 and 21 of the Constitution of India and to set aside the list annexed to the letter dated 27.11.2019 of the 4th respondent, and consequently direct the respondents not to conduct skill test pursuant to the letter dated 27.11.2019 of the 4th respondent without considering 90 applicants by virtue of resolution dated 30.06.2019 of the petitioner's society.
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2. The case of the petitioner is that the society was formed for the welfare of the Fishermen in its area of operation, consisting of 15 villages viz., 1) Garugubilli, 2) Hikkumvalas,
3) Pedduru, 4) Uddavolu, 5) Ravupalli, 6) Chinagudaba,
7) Vallarigudaba, 8) Pedagudaba, 9) Sanyasirajupeta,
10) Gottivalasa, 11) Burada Venkatapuram, 12) Kothapalli,
13) Dalaiavalasa, 14) Kothuru and 15) Shivaam. The members are doing fishing, preparation of netting for fishing, doing fish culture and sale of fish in the vicinities. The society passed resolution dated 30.06.2019 for admitting 90 members and resolution was sent to the respondent- authorities for conducting skill test as per G.O.Ms.No.74 dated 21.10.2011, whereas the 4th respondent vide letter dated 27.11.2019 shortlisted the applicants restricting to 24 and appointed the 9th respondent as observer to conduct skill test on 03.12.2019. However, the said test was not conducted. The action of the 4th respondent in restricting the skill test only for the shortlisted 24 applicants instead of 90 applicants is illegal and arbitrary. Being aggrieved by the said action, the present writ petition came to be filed.
3. Learned counsel for the petitioner submits that when the society passed resolution on 30.06.2019 and submitted resolution to the respondents to conduct skill test for the 90 applicants seeking admission into the society, the 4th respondent shortlisted only 24 applicants and asked them to attend for skill test to be conducted by the 9th respondent, 3 which is illegal, violative of Articles 14, 19 and 21 of the Constitution of India and contrary to the provisions of the Act and the said action is liable to be set aside.
4. Learned Assistant Government Pleader for Fisheries submits that the petitioner filed this writ petition before this Court without approaching the respondent-authorities by way of representation or appeal ventilating its grievance. He further submits that the petitioner failed to implead 24 shortlisted applicants for skill test as parties to the writ petition as the petitioner is seeking a direction to the respondents not to conduct skill test as per the proceedings dated 27.11.2019 of the 4th respondent. For non-joining of proper and necessary parties, the writ petition is liable to be dismissed in limini.
5. Having regard to the facts and submissions of the counsel and on perusal of the record, this Court found that the petitioner has not shown any specific infringement of provisions of the Act and Rules made thereunder in passing the impugned letter dated 27.11.2019 of the 4th respondent shortlisting 24 applicants for skill test scheduled to be held on 03.12.2019 by the 9th respondent. Further, violation of G.O.Ms.No.74 dated 21.10.2011 is also untenable. As per the said G.O., the respondent-authorities have to look into the economic viability of the society.
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6. By accepting the contentions of learned Assistant Government Pleader that the petitioner without approaching the respondent-authorities by way of representation or appeal directly filed this writ petition without making the affected parties and for non-joinder of proper and necessary parties as respondents, the writ petition is liable to be dismissed in limini. However, in the interest of justice, this Court felt it appropriate to give liberty to the petitioner to approach the Registrar concerned under the provisions of the Act.
7. Accordingly, the Writ Petition is disposed of, giving liberty to the petitioner to approach the Registrar concerned under the Act within a period of two (2) weeks from the date of receipt of a copy of this order by way of comprehensive representation and the Registrar concerned shall consider the same as per law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of such representation. No order as to costs.
8. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
___________________________ JUSTICE M.GANGA RAO 20-02-2020 anr 5 THE HON'BLE SRI JUSTICE M.GANGA RAO Writ Petition No. 19913 of 2019 13-02-2020 anr