Disposed¶55

Sri Battina Karunakar, v. the State of Andhra Pradesh

Writ Petition under Article 226 of the Constitution of India – Fishermen Cooperative Society

Andhra Pradesh HC14 Apr 2026WP/7703/2026

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Case brief

AI extract

What is this about?

Membership removal from fishermen cooperative society; elections held pursuant to interim order dated 18.03.2026; petitioners exercised franchise; writ petition closed as no further orders required; no adjudication on merits; Andhra Pradesh Societies Act, 1964; G.O.Ms.No.74 dated 21.10.2011; Article 226; Section 151 CPC; final voters list dated 04.03.2026; Writ Petition No. 7703 of 2026; High Court of Andhra Pradesh at Amaravati; Nyapathy Vijay, J.; decided 15.04.2026.

What did the court decide?

None; the Writ Petition was closed with no order as to costs, the Petitioners having already exercised their franchise in the elections conducted pursuant to the interim order dated 18.03.2026. ¶55

Sri Battina Karunakar, Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

None; the Writ Petition was closed with no order as to costs, the Petitioners having already exercised their franchise in the elections conducted pursuant to the interim order dated 18.03.2026.

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Issue for consideration

Whether the Proceedings dated 20.02.2026 issued by Respondent No.5 removing 35 members, including the Petitioners, from the membership of Respondent No.7-Society are illegal and arbitrary.

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Court's answer

In view of the elections to Respondent No.7-Society having been conducted pursuant to the interim order dated 18.03.2026 and the Petitioners having exercised their franchise, no further orders are required to be passed in the Writ Petition.

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Ratio / Principle

The Writ Petition is closed.

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Key takeaways

No order as to costs.ratio¶56
As a sequel, pending applications, if any, shall stand closed.ratio¶57

Detailed headnote1 paragraphs

Writ Petition under Article 226 of the Constitution of India - Fishermen Cooperative Society - removal of members. Fifteen fishermen, members of the 7th respondent Fishermen Cooperative Society Ltd., C-125, Srikrishnapatnam, challenged the proceedings dated 20.02.2026 issued by the 5th respondent (Assistant Director of Fisheries-cum-Ex Officio Deputy Registrar) removing 35 members, including the petitioners, from the membership of the society as illegal, arbitrary and contrary to the Andhra Pradesh Societies Act, 1964 and G.O.Ms.No.74 dated 21.10.2011, and sought restoration of membership and inclusion in the voters list; IA No. 1 of 2026 under Section 151 CPC sought suspension of the removal proceedings and the final voters list dated 04.03.2026 and permission to vote in the elections scheduled on 21.03.2026. During pendency, pursuant to the interim order dated 18.03.2026 passed by the Court, elections to the society were conducted and the petitioners exercised their franchise. Held: in that view, no further orders were required; the Writ Petition was closed, with no order as to costs, and pending applications, if any, were closed. (Nyapathy Vijay, J.; 15.04.2026)

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[3460]

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APHC010147282026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 7703/2026

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Between:

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SRI BATTINA KARUNAKAR, S/O. PRASAD RAO, AGED ABOUT 50 YEARS, FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI GALI PRASANNA KUMAR,, S/O. YEKOBU, AGED ABOUT 51 YEARS, FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI GALI RAJU, S/O. KRUPANANDAM, AGED ABOUT 51 YEARS. FISHERMEN BY OCCUPATION AND R/O SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI JANGAM NAGANNA,, S/O. PENTAIAH, AGED ABOUT 38 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI GALI PRAKASAM, S/O. PEDDA BHIMANNA, AGED ABOUT 44 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI BATTINA RAMBABU, S/O. DARMAIAH, AGED ABOUT 53 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI

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DISTRICT

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SRI BATTINA GEORGE, S/O. PEDDA TATARAO, AGED ABOUT 56 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI POSUPO SURIBABU, S/O. ELLIAH, AGED ABOUT 41 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI BATTINA JEEVARATNAM, S/O. EMMANUEL, AGED ABOUT 52 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI KAKILETI RAJU, S/O. RUDRAIAH, AGED ABOUT 45 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI PALIVELA KOTESWARA RAO, S/O. TRIMUTHULU, AGED ABOUT 52 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI POSUPO CHANDRASEKHAR, S/O. ABBULU, AGED ABOUT 48 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI VAKAPALLI SATTIBABU, S/O. CHITTIYYA, AGED ABOUT 50 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI POSUPO BAPIRAJU, S/O. SURAIAH, AGED ABOUT 51 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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SRI GALI YESEBU, S/O. PENTAYYA, AGED ABOUT 75 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM

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VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (FISH-II) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI - 522503, GUNTUR DISTRICT.

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THE COMMISSIONER OF FISHERIES, GOVERNMENT OF ANDHRA PRADESH, BANDAR ROAD, PORANKI, VIJAYAWADA - 521137.

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THE DISTRICT COLLECTOR DISTRICT ELECTION AUTHORITY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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THE JOINT DIRECTOR OF FISHERIES, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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THE ASSISTANT DIRECTOR OF FISHERIESCUM EX OFFICIO DEPUTY REGISTRAR, FISHERMEN COOPERATIVE SOCIETIES, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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THE ELECTION OFFICER, FISHERMEN COOPERATIVE SOCIETY LTD., C-125, SRIKRISHNAPATNAM, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT.

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THE FISHERMEN COOPERATIVE SOCIETY LTD, NO. C-125, SRIKRISHNAPATNAM - 533296, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT, REP. BY ITS PART TIME PERSON-INCHARGE.

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...RESPONDENT(S):

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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 to issue appropriate Writ, Order or Direction, or Writ of Mandamus, declaring the particularly one in the nature more proceedings dated 20.02.2026 passed by the 5th respondent

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removing 35 members, including the petitioners herein, from the membership of the 7^th respondent Fishermen Cooperative Society Limited, C-125, Sriknshnapatnam, Rajanagaram Mandal, East Godavari District, as illegal, arbitrary, violative of the principles of natural justice and contrary to the provisions of the Andhra Pradesh Societies Act, 1964 and G.O.Ms.No.74 dated 21.10.2011, and Cooperative consequently set aside the said proceedings and direct the respondents to restore the membership of the petitioners in the 7th respondent society and include their names in the voters list for the purpose of conducting elections to the society, and pass such other orders.

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IA NO: 1 OF 2026

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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 may be pleased to suspend the operation of the proceedings dated 20.02.2026 issued by the 5th respondent and the consequential final voters list dated 04.03.2026, insofar as it excludes the petitioners from the membership and voters list of the 7^th respondent society, and consequently direct the respondents to permit the petitioners to participate in the elections scheduled to be conducted to the 7^th respondent society on 21.03.2026 and pass such other orders.

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Counsel for the Petitioner(S):

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1.NAMBURI SURYA VENKATA MAHARSHI

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Counsel for the Respondent(S):

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1.GP FOR FISHERIES

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The Court made the following:

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.7703 of 2026

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ORDER:

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The present Writ Petition is filed questioning the Proceedings dated 20.02.2026 issued by Respondent No.5 removing 35 members, including the Petitioners from the membership of Respondent No.7Society and to declare the same as illegal and arbitrary.

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When the matter is taken up for hearing, it is submitted by the learned counsel for the Petitioners and the learned counsel for the Respondents that pursuant to the interim order dated 18.03.2026 passed by this Court, the elections to Respondent No.7-Society were conducted and the Petitioners had exercised their franchise. In that view, no further orders are required to be passed.

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Accordingly, the Writ Petition is closed.

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No order as to costs.

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As a sequel, pending applications, if any, shall stand closed.

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__________________ NYAPATHY VIJAY, J

Date: 15.04.2026

HON’BLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION No.7703 of 2026

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Date: 15.04.2026

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Parties & counsel

AI extract

petitioner
Sri Battina Karunakar¶10
Namburi Surya Venkata Maharshi
petitioner
Sri Gali Prasanna Kumar¶11
Namburi Surya Venkata Maharshi
petitioner
Sri Gali Raju¶12
Namburi Surya Venkata Maharshi
petitioner
Sri Jangam Naganna¶13
Namburi Surya Venkata Maharshi
petitioner
Sri Gali Prakasam¶14
Namburi Surya Venkata Maharshi
petitioner
Sri Battina Rambabu¶15
Namburi Surya Venkata Maharshi
petitioner
Sri Battina George¶18
Namburi Surya Venkata Maharshi
petitioner
Sri Posupo Suribabu¶19
Namburi Surya Venkata Maharshi
petitioner
Sri Battina Jeevaratnam¶20
Namburi Surya Venkata Maharshi
petitioner
Sri Kakileti Raju¶21
Namburi Surya Venkata Maharshi
petitioner
Sri Palivela Koteswara Rao¶22
Namburi Surya Venkata Maharshi
petitioner
Sri Posupo Chandrasekhar¶23
Namburi Surya Venkata Maharshi
petitioner
Sri Vakapalli Sattibabu¶24
Namburi Surya Venkata Maharshi
petitioner
Sri Posupo Bapiraju¶25
Namburi Surya Venkata Maharshi
petitioner
Sri Gali Yesebu¶26
Namburi Surya Venkata Maharshi
respondent
The State of Andhra Pradesh, rep. by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries (Fish-II) Department¶31
GP for Fisheries
respondent
The Commissioner of Fisheries, Government of Andhra Pradesh¶32
GP for Fisheries
respondent
The District Collector, District Election Authority, Rajamahendravaram, East Godavari District¶33
GP for Fisheries
respondent
The Joint Director of Fisheries, Rajamahendravaram, East Godavari District¶34
GP for Fisheries
respondent
The Assistant Director of Fisheries-cum-Ex Officio Deputy Registrar, Fishermen Cooperative Societies, Rajamahendravaram, East Godavari District¶35
GP for Fisheries
respondent
The Election Officer, Fishermen Cooperative Society Ltd., C-125, Srikrishnapatnam, Rajanagaram Mandal, East Godavari District¶36
GP for Fisheries
respondent
The Fishermen Cooperative Society Ltd., No. C-125, Srikrishnapatnam, Rajanagaram Mandal, East Godavari District, rep. by its Part Time Person-in-Charge¶37
GP for Fisheries

Coram

AI extract

Nyapathy Vijayauthor¶7

Sri Battina Karunakar, v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sri Battina Karunakar, v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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