The Court closed a writ petition concerning a fishermen's cooperative society after it was found that the State authorities had complied with interim directions by appointing a Person In-Charge and completing the enquiry, rendering further adjudication unnecessary.
Closes the writ petition without any order as to costs.
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)
MONDAY. THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 4927 OF 2022
T
2^
All R/o Duvvali Village, Tripuranthakam Mandal, Prakasham District
T
3
/
All R/o Lellapalli Village, Tripuranthakam Mandal, Prakasham District
Both R/o Duvvali Village, Tripuranthakam Mandal, Prakasham District
All R/o Kankanalapalli Village, Tripuranthakam Mandal, Prakasham District
| Ragi Chinna Veeraiah S/ o Chinna Maha Lakshmaiah, aged about 60 years |
||
|---|---|---|
| Gade Chinna Lakshmaiah S/o Nasaraiah aged about 55 years |
||
| 59. | Ragi Ankalu S/o Musalaiah, aged about 50 years | |
| 60. | Bojja Venkata Ramaiah S/o Ankaiah, aged about 50 years |
|
| All Man |
R/o Medapi Village, Tripuranthakam dal, Prakasham District |
.. Petitioners |
| And | ||
| 1. | The State of Artdhra Pradesh represented by its Principal Secretary to Government, Department of Animal Husbandry, Dairy Development & Fisheries, at Secretariat, Velagapudi, Amaravathi, Guntur District |
|
| 2. | The Commissioner of Fisheries, Vijayawada, Krishna District |
|
| 3. | The Joint Director of Fisheries, Ongole, Prakasham District |
|
| 4. | The Asst. Director of Fisheries cum Enquiry Officer, Chirala, Prakasham District |
|
| 5. | Sri Bala Tripura Sundari Jalarla (Fishermen) Cooperative Society, Viswanadhapuram Village, Tripuranthakam Mandal, Prakasham District |
..Respondents |
.. Respondents
6
/ / / in the / cirpumstances stated'^in''^the^affidavit Praying that plaased tp issue a Wriror Writs bp nature of Writ of Mandamus. de?iaring the S on of°[h/ completing the enquiry initiated und^r^ pf the Respondents in not '"be Proc.No. 748/6/2020 dSSa 8 202lSsuShv th \°^o^ '^-^-®-^^*^ Tis ~ £1’
lA NO: 1 OF 202?
stated in the affidSt'fii'eTinSpSrt'Sf the pehhoSthe^Hiof r" the Respondents to appoinrpSo? ® pleased to direct Respondent Society under Section 32 (7)(a)(i) of A P C S^T^i'crI Section 51 enquiry in order to conduct frr^J foH r ■ Pending completion of justice and fair play. ^ ^ fair enquiry, in the interestsof
lA NO: 2 OF 2022
circumstances stated in the affidav'SfiVeTiSupSrt^Sf the StitioSthe^H^^hV" the Respondents to cSnSS fishinq Seration^'Pn to direct area of operation of4‘'’ Respondenfso^cTitv hv?th ''®®bectoftankslocated in the 3ure"..tro7'X''pj’r/n.TS? pending disposal of lA NO: 3? OF ?n7? Between: Bala Tripira Sundari Jalarla (Fishermen) Cooperative Society, Viswanadhapuram Village, Triporantakam Mandal, Prakasam District. ...Petitioner/5'^'^ Respondent
lA NO: 3? OF ?n7?
Between:
Sri Bala Tripira Sundari Jalarla (Fishermen) Cooperative Society, Viswanadhapuram Village, Triporantakam Mandal, Prakasam District.
And
7
/le.Dadenaboina Ankaiah, S/o. Chinna, // aged about 50 years
17.Velpula PuHaiah, S/o. Pedda Rangaiah, Aged about 62 years. IS.Dadenaboina Pedda Ankaiah, Aged about 50 years.
All R/o. Lellapalli Village, Tripurantakam Mandal, Prakasam District.
Contd 3
& .Kanneboina Venkateswarlu, S/o. Pedda Rangaiah, Aged about 50 years.
37.Gogu Mugaiah, S/o. Rajaiah, aged about 49 years. Both R/o. Duwali Village, Tripurantakam Mandal, Prakasam District.
38.Bojja Pedda Ankaiah, S/o. Ramulu, aged about 45years.
All R/o. Kankahapalli Village, Tripurantakam Mandal, Prakasam District.
41.Eeepuri Sankaraiah, S/o. Vishwanadham, aged about 35 years, R/o. Tripurantakam,
Prakasam District.
43.Jinkala Narasaiah, S/o. Munnaiah, aged about 49years.
46.Bayanaboina Venkateswarlu, S/o. Palankaiah, aged about 50 years.
All are R/o. Viswanadahapuram Village, TripurantakamMandal, Prakasam District.
53.Ropi Shnu, S/o. Kechavalu, aged about 47 years.
Contd 4
All are R/o. Ganpavaram Village, Tripurantakam Mancjal, Prakasam District.
54.Ragi Mahalakshmaiah, S/o. Peda Musalaiah,
aged about 49 years.
55.Koyarigari China Yellaiah, R/o. ChinnaNagaiah, aged about 52 years.
59.Ragi Ankalu, S/o. Musalaiah, aged about 50 years.
eo.Bojja Venkata Ramaiah, S/o. Ankaiah,
All are R/o. Medapi Village, Tripurantakam Mandal,PrakasamDistrict. ... Raspondents/Petitioners
Al^
^ B.The Joint Director of Fisheries, Ongole, Prakasam District.
... Respondents/Respondents
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Vacate the Interim Order Dt. 24.02.2022 passed in I.A.No. 1 & 2 of 2022 in W.P.No.4927 of 2022 in the Interest of Justice.
Counsel for the Petitioners : M/s. M. VIDYAVATHI
Counsel for the Respondent Nos.1 to 4 : GP FOR FISHERIES Counsel for the Respondent No.5 : SRI G. VIJAYA BA8U
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
APHC0I007S092022
(Special Original Jurisdiction)
(33331
MONDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 4927 OF 2022
Between:
\
...PETITIONER(S)
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not completing the enquiry initiated under Section 51 of A.P.C.S.Act, 1964 vide Proc.No. 748/B/2020 dated 23.8.2021 issued by the 3rd Respondent and also the Special Notice of the 4th Respondent Enquiry Officer issued vide Special Notice No. BTPS/ADF (CRL)/2021 dated 4.9.2021 is bad, arbitrary, contrary to the principles and parameters specified under Section 51 of the A.P.C.S.Act, 1964 and also offendsArts. 14, 19(1)(g) and 21 of the Constitution of India and to consequently direct the Respondents to appoint the Person Incharge Committee to the 5th Respondent Society under Section 32 (7)(a)(i) of the A.P.C.S.Act, 1964 to manage the affairs, of the Society in the place of the present Managing Committee of the Society, in the interests of justice and fair play, and to pass
lA NO: 3 OF 2022
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Vacate the Interim Order Dt. 24.02.2022 passed in I.A.No. 1 & 2 of 2022 in W.P.No.4927 of 2022 in the Interest of Justice and pass
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the . Respondents to appoint Person Incharge Committee to the 5th Respondent Society under Section 32 (7)(a)(i) of A.P.C.S.Act, 1964 pending completion of Section 51 enquiry in ordertoconductfreeand fair enquiry, in the interests of justice and fair play, and to pass
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lA NO: 2 OF 2022
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to conduct fishing operations in respect of tanks located in the area of operation of 4th Respondent Society, by the members of the society for the year 2021-22 under the supervision of department officials, pending disposal of the above Writ Petition and to pass
Counsel for the Petitioner(s):SRI. M VIDYAVATHI
Counsel for the Respondents: GP FOR FISHERIES
The Court made the following:
ORDER:
- The petitioners herein are the members of Sri Bala Tripura Sundari Jalarla (Fishermen) Cooperative Society, Viswanadhapuram Village, Tripuranthakam Mandal, Prakasam District-5* respondent society, which came into existence in the year 1988. The total extent under the area of operation of the 5* respondent societyis1102acres including minor irrigation tanks and gram panchayat tanks; the society has been obtaining the leasehold rights in favour of the society under G.O.Ms.No.776, dated 31.12.2000 and G.O.Ms.No.343, dated 26.04.1976. All the affairs of the society are administered and managed by the managing committee of the society, elected from time to time and while the managing committee of the society which gotelectedinthe year 2017 was in existence, the petitioners made several representations to the respondents raising allegations against the managing committee of the society, but of no avail.
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- The main grievance of the petitioners is that in view of the above allegations, the respondents have not granted lease in favour of the society for the year 2020-21 and 2021-22 due to which the fishermen of the society are struggling and starving for livelihood as there are no fishing operations in the tanks. Their further case is that though the 3^^ respondent has appointed the 4* respondent as enquiry officer, in pursuance of the representations submitted by the petitioners, the same has not been concluded in spite of issuance of special notice dated 04.09.2021. Even though some allegations were proved against the managing committee, the enquiry could not be conducted. As per Section 51 of A.P.C.S. Act, 1964, when notice is
ordered, the enquiry officer has to complete the enquiry within a period of four months and the report of the said enquiry shall be communicated to the managing committee of the society. Having no other alternative, the petitioners have filed the present writ petition seeking a direction to the respondents to appoint Person Incharge Committee to the 5^^ respondent society under Section 32(7){a)(i) of the A.P. Cooperative Societies Act, 1964.
- When the writ petition came up for hearing on 24.02.2022 this Court has passed the following interim order:
Learned counsel for the petitioners submits that the petitioners, 60 in number, are the members of the S"' respondent society. As the existing managing committee of the 5"> respondent society is not properly administering the affairs of the society, the petitioners made several representations to the respondent authorities. In pursuance of their representation dated 05.12.2020, the 3'-^ respondent appointed the respondent as Enquiry Officer under Section 51 of the A .P Cooperative Societies Act, 1 964 [for short, ‘the Act’j to conduct enquiry. Accordingly, the 4"' respondent issued Special Notice dated 04.09.2021 to convene general body meeting on 24.09.2021 but the same has not been convened and the enquiry was also not proceeded against the Managing Committee of the S"respondent. Under Section 51 of the A.P.C.S Act, 1964, the Enquiry Ofifcer has to complete the enquiry within a period of four months and the report of the Enquiry Officer along with findings shall be communicated to the Managing Committee of the Society. However, in view of the allegations made against the 5't‘ respondent society, the respondent authorities have not granted leases in favour of the society for the year 2020-21 and 2021-22 due to which the petitioners, who are real fishermen of the society, are struggling and starving for livelihood.
Learned Assistant Government Pleader, on written instructions,submits that inspite of the notice issued by the 4‘^ respondent the management of the society is not cooperating to complete the 51 enquiry and not producing any records and that the respondent already requested the 2"'* respondent, vide letter dated 30.05.2021, to supersede the managing committee of the society and appoint Person In Charge to manage affairs of the society as per Section 34 of the Act. The written instructions dated 22.02.2022 received by the Government Pleader is placed on record.
/
Having considered the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material record, this Court found that the 5"- respondent society is not managing the affairs of the society in accordance with law as per the provisions of the Act and not conducting any general body meeting and not cooperatingwiththe51 enquiry officer and also not properly managing the affairs of the ^ciety as stated in the notice dated 04.09.2021 issued by the 4'^ respondent. The petitioners have shown sufficient cause for grant of interim order. Accordingly, there shall be interim direction to the respondents 1 to
4 to take steps to appoint Person In Charge to the respondent society as per the provision of Section 32(7)(a)(i) of the Act. The respondents are further directed to lease fish tanks to the 5''- respondent society to conduct fishing operations by the members of the society to eke out their livelihood. ”
- The 5th respondent society has filed a counter in the month of April, 2022, denying the allegations raised by the petitioners and has specifically contended that it is not proper to appoint a Person-InCharge to manage the affairs of the 5* respondent society though the term of the elected managing committee is subsisting till September, 2022 and though there is no fault on the part of the managing committee, an enquiry under Section 51 of the Act was ordered.
- The respondent No.3 has filed a detailed counter wherein it ISi_ stated that as the outgoing managing committee of the 5^^ respondent was not performing well, certain members of the Fishermen Cooperative Society made a representation to the District Collector, informing that the president of the said society and his brother are threatening the members to obey their directions, otherwise they would face consequences which includes losing their society membership. It is further stated that some qualified members of the societyhavealso submitted a representation to the District Collector requesting to take
action against the managing committee by supersedingthecommittee as the society is reluctant to admit new members even though they are qualified in the skill test. In view of the aforementioned allegations and representations, the 3^^ respondent has issued notices on 23.12.2020 and 05.01.2021 to the managing committee of the 5* respondent society requesting to appear before the Joint Director of Fisheries, Ongole with society records for enquiry. After repeated persuasion, the President and Secretary have appeared before the Joint Director of Fisheries, Ongole expressing their unwillingness toadmitthebalance 24 fishermen as they have partially admitted 20 fishermen in the previous year out of 44 qualified fishermen. Subsequently,theFisheries Development Officer, Darsi was instructed to submit a report on the representation of the qualified fishermen; pursuanttowhichthe FDO has submitted a report stating that the society is having sufficient water spread area to admit the remaining qualified membersalso.
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Upon which, the president of the society has submitted an explanation on 03.04.2021 stating that the society can admit 20 fishermen only out of 44 qualified fishermen and further has raised complaints, allegations on the previous and present officers, rejecting the issue of admission of poor S.C., S.T. and B.C., fishermen of Medapi, Ganapavaram and Kankanalapalli villages of Tripuranthakam Mandal. At this juncture. the respondent has issued a final notice to the society on 10.05.2021, requesting the members of the managing committee to admit the balance 24 fishermen and to conduct the general body meeting within 15 days in the presence of department officers so as to enquire into the allegations on the present managing committee of the society. If the committee fails to obey the legitimate orders of the Joint Director of Fisheries and Ex-officio Additional Registrar of fishermen cooperative societies, the present committee would be superseded. 8. The counter further states that the President, instead of obeying the orders of the 3--d respondent, made allegation on theskill test which was conducted for admission of members in the year 2018 and on the Assistant Director of Fisheries, Chirala and other officers vide letter dated 18.05.2021. Instead of conducting a general body meeting and proving themselves genuine, the managing committee is making nuisance in the villages which are in the area of operation of the society. At this stage, the president of the 5^^ respondent society filed W.P.No. 11048 of 2021 on 03.06.2021 before this Court, seeking leasehold rights of Medapi M.I tank of Medapi village and Pamulavagu
check dam of Kankanalapalli village for 1430 fasli i.e. for the period 01.07.2020 to 30.06.2021. The said writ petition was disposed of by this Court on 15.06.2021, passing the following direction:
“In view of the facts and circumstances of the case, without going into the merits of the case, if the representation dated 11.11.2020 filed by the petitioner-society is pending before the 4'^ respondent as on today, the 4"’ respondent is directed to examine the same and take appropriate decision in the matter strictly in accordance with law, as expeditiously as possible, preferably on or before 30.06.2021."
- In pursuance of the above orders, the Joint Director of Fisheries/Ex-Officio Additional Registrar of Fishermen Co-Operative Societies has rejected the application of the 5^^ respondent society and refused to issue lease orders to the society vide orders No.748/E/2020, dated 28.06.2021. But, subsequently, the lease orders of Medapi tank were given to the society to save the livelihood of the society members. Thereafter, the Joint Director of Fisheries, Ongole has appointed one Sri. K. Jimmi Rajkumar, Fisheries Development Officer, Darsi as Person-in-Charge to manage the affairs of the society vide Proc.No.748/E/2020, dated 15.03.2022 and as of now,thesaidPIC is managing the affairs of the society. In view of several allegations on the managing committee of the society, the 4* respondent was appointed as an inquiry officer by the 3^*^ respondent, for conducting enquiry on the affairs of the managing committee under Section 51 of A.P.C.S. Act, 1964, vide proceedings dated 23.08.2021. Consequently, the inquiry officer has issued special notice dated 04.09.2021 for conducting enquiry on 24.09.2021, but due to local body elections, the enquiry was not conducted as scheduled, but, the enquiry officer has completed the
/ /
enquiry later on and has submitted report dated 26.02.2022; confirming the financial misappropriation of funds land reluctant nature of ex-managing committee. Subsequent to the same a general body meeting was also conducted on 30.03.2022 as a part of enquiry under Section 51 of the Act, 1964. As such, requested to close the writ petition as the interim order has been complied by the respondents.
- Heard learned counsel for the petitioners, learned Government Pleader for Fisheries and Sri. G. Vijaya Babu, learned counsel for respondent No.5.
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dam of Kankanalapalli village vide proceedings dated02.12.2021 i n favour of the society.
- On 24.02.2022, this Court has passed an interim order directing the respondent Nos. 1 to 4 to take steps to appoint Person In Charge to the 5^ respondent society as per the provisionofSection 32(7)(a)(i) of the Act and were further directed to lease fish tanks to the 5th respondent society to conduct fishing operations by the members of the society for eking out their livelihood. But, however, the 5th respondent society has filed a counter affidavit along with a vacate stay petition stating that it would not be proper to appointaPerson-In- Charge to manage the affairs of the 5th respondent society as the term of the elected managing committee is subsisting till September, 2022. However, from the material paper available in the record, it is apparent that in pursuance of the interim orders dated 24.02.2022, the Commissioner of Fisheries, A.P., vide memo dated 11.03.2022 has directed the Joint Director of Fisheries, Prakasam District to take necessary action under Section 32(7)(a)(i) of the A.P.C.S. Act and Rules, 1963 and to comply the directions passed by this Court. In pursuance of the same, the Joint Director of Fisheries, Prakasam has appointed the Fisheries Development Officer, Darsi as Person-In-Charge to manage the affairs of the S^h respondent society as per Section 32(7)(a)(i) of the A.P.C.S. Act and Rules, 1964. Subsequently, the Assistant Director of Fisheries was appointed as enquiry officer to enquire into the allegations on the managing committee of the societyunderSection51
of the Act, which was concluded and a report dated 26.02.2022 was also submitted by the enquiry officer. 13. The main relief sought by the petitioners is to declare the action of the respondents in not completing the enquiiy initiated under Section 51 of A.P.C.S.Act, 1964 in spite of appointment of an enquiiy officer as illegal and has sought for a subsequent direction to appoint Person Incharge Committee. As the enquiiy under Section 51 was already completed and a report was submitted on 26.02.2022, and thereafter a Person In-charge Committee to the 5th respondent was also appointed to manage the affairs of the society under Section 32(7)(a)(i) of A.P.C.S. Act, 1964, this Court is of the opinion that no further adjudication would be necessary in the present writ petition.
- Accordingly, this writ petition is closed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions if any shall also be
closed.
To,
//TRUE COPY//
Sd/- M. SRINIVAS ASSISTANT REGISTRAR /
SECTION OFFICER
HIGH COURT
I' ^
■■19/02/2024
ORDER
WP.No.4927 of 2022
CLOSING THE W.P. WITHOUT COSTS ' cY) U>Y fyJ
3 issues framed by the court
Whether the High Court should further adjudicate on the petition after the enquiry report was submitted and interim orders were complied with.
What is the appropriate disposition of the writ petition when the cited interim orders have been effectively implemented.
Whether the delay in completing the enquiry and appointing a Person In-Charge warrants continued judicial intervention.
4 provisions across 3 enactments
Dadenaboina Ankalaiah and other members of Sri Bala Tripura Sundari Jalarla (Fishermen) Cooperative Society
The State of Andhra Pradesh
Sri Bala Tripura Sundari Jalarla (Fishermen) Cooperative Society
V. SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
