Dismissed

E.Chinna Peddiah, S/o Venkatiah, v. The Government of Andhra Pradesh

Telangana HC5 Jul 2012WP/23427/2011

Case brief

AI extract

What is this about?

In this writ petition, the Hon'ble Court held that a resolution passed by the Narsapuram Gram Panchayat permitting the formation of a Fishermen Co-Operative Society is insignificant and will not have any legal effect. The registration of such societies is governed by the A.P. Co-Operative Societies Act, 1964, and the Panchayat resolution does not confer any right for formation or registration; the

What did the court decide?

The Writ Petition is disposed of with no order as to costs.

E.Chinna Peddiah, S/o Venkatiah, Vs The Government… — Cooperative Societies | Telangana HC (2012)

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HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.23427 of 2011

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ORDER:

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This Writ Petition is filed seeking Mandamus to declare resolution No.28, dated 09.07.2011, passed by Narsapuram Gram Panchayat, Velduthi Mandal, Kurnool District, as illegal and arbitrary.

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It is the case of the petitioners that by the impugned resolution, Narsapuram Gram Panchayat has permitted formation of a Fishermen Co-Operative Society for Narasappa lake.

¶5

Though the impugned resolution is questioned on various grounds, but the fact remains that there is no registration of the said Fishermen Co-operative society. The registration of the Co-Operative Societies is governed by the provisions of A.P. Co-Operative Societies Act, 1964 (for short ‘the Act’). Under the scheme of the Act, the resolution of the Gram Panchayat is not necessary for formation of Fishermen Co-Operative Society. As such, the resolution passed by Narsapuram Gram Panchayat under the Gram Panchayat Act will not give any right to any of the members to form a Fishermen Co-Operative society. Under the scheme of the A.P.Panchayat Raj Act, 1994, and the Rules made thereunder, if there is any society of fishermen, they will have a preferential right for grant of lease in respect of the water bodies. But, merely the resolution passed by the Gram Panchayat will not confer any right as such for formation and registration of the Co-Operative society. Whether the application filed for formation of the Fishermen Co-Operative Society satisfies the requirements as per the provisions of the Act or not, it is a matter to be considered by the Registrar under the provisions of the Act.

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In that view of the matter, the impugned resolution is

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insignificant and it will not have any legal effect. If the petitioners have any objection with regard to formation of Fishermen Co-Operative Society, they can, as well, can put forth the same before the competent authority under the provisions of the Act. If any such objections are filed, I am sure the authority concerned will consider the same before taking a decision.

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Subject to the above, the Writ Petition is disposed of. There shall be no order as to costs.

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_______________________ JUSTICE R.SUBHASH REDDY

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05^th July 2012 DR

E.Chinna Peddiah, S/o Venkatiah, v. The Government of Andhra Pradesh

Case brief

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E.Chinna Peddiah, S/o Venkatiah, v. The Government of Andhra Pradesh

Case brief

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