Petitioners challenged their removal from a fishermen co-operative society by proceedings issued without notice or hearing. The court directed respondents to conduct an enquiry into eligibility after notice and hearing, with petitioners continuing as members till ineligibility is proved.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SMT. JUSTICE V.SUJATHA
WRIT PETITION NO: 11754 OF 2013
Between:
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidayit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularlyone in the nature of Writ of Mandamus declaring the order of the 2"'' respondent vide Procs.No.821/B/2012, Dt. 04.04.2013 and consequential order of the 3'^*^ respondent vide Rc.No. Societies/20i3, Dt. 08-04-2013 as bad, arbitrary without jurisdiction and contrary to the provisions of AP.Co-op. Societies Act, 1964 apart from violation of principles of natural justice and also offends arts. 14, 19 & 21 of the constitution of India.
I.A. NO: 1 OF 2013fWPMP. NO: 14565 OF 2013)
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the order of the order of the 2'"'^ respondent vide procs No. 821/B/2012, Dt.04-04-2013 and consequential order of the 3'^'^ respondent vide Rc.No. Societies/2013, Dt.08-04-0213.
Counsel for the Petitioners: SRI E. ANJANA REDDY Counsel for the Respondents: GP FOR FISHERIES
The Court made the following: ORDER
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No. 11754 of 2013
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the order of the 2’^ respondent vide Procs.No.821/B/2012, dated 04.04.2013 and consecpiential order of the 3^^ respondent vide Rc.No.Societies/2013, dated 08.04.2013 as bad, arbitrary without jurisdiction and contrary to the provisions of A.P.Co-operative Societies Act, 1964apart from violation of principles of natural justice andalso offends articles 14,19 & 21 of the constitution ofIndia and to grant....”
- Heard learned counsel for the petitioners and learned Government Pleader for Fisheries appearing for the respondents and perused the material on record
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members on 25.03.2002 and the respondent No.4-Societyis having total 32 members including the petitioners as its members. While the matter being so, the respondentNo.2 issued order vide Procs.No.821/B/2012, dated 04.04.2013, removing the petitioners as ineligible members from the Fishermen Co-operative Society, Chennaigunta with immediate effect and directed the respondent Nos.3&4 to take immediate action in the matter and to submit their compliance report. Basing on the said directions, the respondent No.3 addressed a letter to the respondentNo.4 vide Rc.No.Societies/2013, dated 08.04.2013, specifyingthe list of eligible members after deleting the names ofthe petitioners from the membership of the society. Itisfurther stated that the respondent No.2 without issuing any notice. assigning the reasons for removal of the petitionersandalso without having any jurisdiction issued the impugned proceeding dated 04.04.2013, ordering for removal ofthe petitioners from the respondent-society. Aggrieved by the same the present Writ Petition is filed.
- When the matter came up for admission on 22.04.2013, this Court granted an interim order suspending the proceedings dated 04.04.2013 and as well as the
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consequential order dated 08.04.2013 passed by the respondents.
- Today, when the matter is taken up for hearing, learned Government Pleader for Fisheries produced a copy of instructions dated 03.01.2024, received from theDistrict Fisheries Officer, Tirupati District, where in it isstatedthat an enquiiy has been conducted by the Assistant Directorof Fisheries, Chittoor and report was submitted statingthat certain members are ineligible to continue as members as they are doing jobs, not residing in the area of operationand are unauthorisingly admitted into the society. Basingonthe said report, the respondent No.2 issued order for removalof eight (08) members vide Proc.No.821/B/2012, dated 14.12.2012. It is further stated in the instructions that neither any application was submitted nor any General Body Resolution was passed before deleting the membership of the petitioners and further, in pursuance to theinterim orders dated 22.04.2013 granted by this Court, the petitioners are continuing as members of the society till today.
- In view of the same, instead of keeping the writ petition is pending, this Court feels it appropriate to dispose
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of the writ petition, directing the respondents to conduct an enquiry as to the eligibility of the petitioners by duly giving a notice and as well as an opportunity of hearing to the petitioners and take necessary action thereafter. However, the petitioners shall be continued till it is proved that they are ineUgible to be continued as members of the respondentsociety. There shall be no order as to costs.
Mrscellaneous petitions pending, if any, in this Writ
Petition shall stand closed.
SD/- U. SRIDEVI
To,
//TRUE COPY//
ASSISmjJJlEGISTRAR /
SECTION OFFICER
HIGH COURT
DATED: 04/01/2024
ORDER
WP.No.11754 of 2013
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Ig 10 JUN 20211 %
Clis reni Section v!, /•
V
PATCV^^r^
disposing of the w.p WITHOUT COSTS
1 issue framed by the court
Whether the removal of the petitioners from membership of a fishermen co-operative society without notice or hearing was valid under the A.P. Co-operative Societies Act, 1964.
2 provisions across 2 enactments
A.Vinod
T.Krishnaiah
N.Jayaramaiah
The Commissioner of Fisheries
The Assistant Director of Fisheries / Ex-Officio Co-operative Dy.Registrar Chittoor
Sri Sathyasai Fishermen Co-operative Society
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
