Allowed

Racharla Ramesh, v. The State of Andhra Pradesh

Andhra Pradesh HC1 Feb 2022WP/740/2020

Case brief

AI extract

What is this about?

This writ petition challenged the non-conduct of a skill test for fishermen seeking admission to a cooperative society. The court held the inaction illegal and arbitrary, directing authorities to complete the test and admit members within four months despite law and order objections.

What did the court decide?

Directed respondents to complete the skill test process and admit petitioners as members within four months from the date of the order.

Racharla Ramesh, Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE M.GANGA RAO

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WRIT PETITION No. 740 of 2020

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ORDER :

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This Writ Petition is filed seeking the following relief:

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“For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of the respondents in not conducting the skill test for fishermen to admit in the member of fishermen society as instructed in the GO MS NO 74 dated 21.10.2011 as illegal, arbitrary and violation of principles of natural justice and also Article 14 and 300-A of the Constitution of India and consequently direct the respondents to conduct skill test with immediate effect and pass such order or orders may deem fit and proper in the circumstances of the case.”

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Heard learned Counsel for petitioners and learned

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Government Pleader for Fisheries for R1 to R6. Though 7^th respondent is served with notice, none appeared.

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The case of the petitioners is that they belong to Fishermen community and residents of Sirivella village & Mandal, Kurnool District. The petitioners are residing within the area of operation of 7^th respondent – The Sirivella Matsya Sahakara Sangam. They are entitled for admission as members in the 7^th respondent society as per the guidelines issued in GO MS No.74 dated 21.10.2011. When they were not allowed to become the members of the 7^th respondent, they approached the District Collector by way of representation dated: 28.06.2018 for admitting them as new members into the existing Fishermen Cooperative Society, Sirivella Village and Mandal of Kurnool District. The Collector asked the Assistant Inspector of Fisheries, Allagadda to get the information

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about the proposed members to conduct the skill test as per G.O.Ms.No.74, dated 21.10.2011.

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The Fisheries Development Officer, Allagadda, Kurnool District has addressed a letter to the Commissioner of Fisheries, Andhra Pradesh, Vijayawada for appointment of observer for conducting the skill test. When the authorities failed to conduct the skill test to the petitioners, the proposed members seeking admission as new members in the society approached the Hon’ble Minister of Andhra Pradesh on 13.11.2019. On the instructions of the Hon’ble Minister, the election was conducted on 06.12.2019, as per election schedule issued by the District Collector & District Magistrate, Kurnool District and same information was submitted to Head Office and also requested the concerned authorities to conduct the skill test to the proposed members. Accordingly, the Head Office has appointed the Assistant Director of Fishereies, Chittoor as Observer to conduct the skill test on 12.12.2019. The Three Men Committee was constituted to conduct the skill test to the proposed members by the Joint Director of Fisheries, Kurnool. The 5^th respondent has taken all necessary steps for conducting skill test but the 7^th respondent society has passed resolution with request not to conduct skill test for admitting new members due to the possibility of Law and Order Problem. The Sub Inspector of Police, Sirivella has also addressed a letter to the Assistant Director of Fisheries, Nandyal, stating that there is a scope for creation of Law and Order problem in the Sirivella village due to conducting of skill test and requested for postponement of skill test for certain period. Thereafter, the respondents have not proceeded further for conducting the skill test to the proposed members to admit new

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members into the society. Being aggrieved by the action of the respondents in not conducting skill test for admission of new members into the 7^th respondent society, the present writ petition is filed.

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M/s Jada Sravan Kumar learned counsel for the petitioners submits that the Three Men Committee was constituted for conducting skill test to the proposed members to admit them as members of the 7^th respondent society. As per G.O.M.S.No.74 dated 21.10.2011 and the provision of Andhra Pradesh Cooperative Societies Act 1964.

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Per Contra learned Government Pleader for Fisheries filed counter stating that the Three Men Committee was constituted to conduct the skill test to the petitioner / proposed members by the Joint Director of Fisheries, Kurnool. Fishermen Cooperative Society, Sirivella has submitted their society’s resolution with request not to conduct skill test for admitting of new members due to the possibility of Law and Order problem. The respondents 4,5 & 6 are under obligation to conduct skill test to the petitioners/proposed members of the 7^th respondent society as directed by 2^nd respondent.

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In the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material record this court found that the three Men committee was already constituted by the Joint Director to conduct the skill test to the Proposed members seeking admission into the 7^th respondent society. If the 7^th respondents is not allowed to conduct the skill test to the proposed members/petitioners, the respondent authorities shall

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take appropriate action against the 7^th respondent managing committee.

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The 7^th respondent society is under obligation to conduct skill test and admit new members as per the guidelines issued in G.O.M.S.No.74 dated: 21.10.2011. The action of the respondents in not conducting skill test to the petitioners, to admit them as members of the 7^th respondent society is illegal, and arbitrary.

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In view of the above discussion the writ petition is accordingly allowed directing the respondents to complete the process of skill test to the petitioners / proposed members and take steps to admit them into the 7^th respondent society as per the provisions of the G.O.M.S.No.74 dated: 21.10.2011 as expeditiously as possible within a period of four (4) months from the date of receipt of the copy of this order.

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Consequently, Miscellaneous Petitions, if any, pending shall stand closed.

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_________________ M.GANGA RAO, J

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01.02.2022 ssp

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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WRIT PETITION No.740 of 2020

Date:01.02.2022

ssp

__________________ M.GANGA RAO, J

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02.11.2021 ssp

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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WRIT PETITION No.20976 OF 2021

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01.11.2021

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ssp

Racharla Ramesh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Racharla Ramesh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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