Dismissed

The Fishermen Cooperative Society, v. The Telangana Cooperative Tribunal

Telangana HC8 Sept 2015WA/809/2015

Case brief

AI extract

What is this about?

In this writ appeal, the High Court dismissed the petition challenging an order admitting various fishermen as members of the appellant society. Upholding the Single Judge's view, the court held that applications submitted under Section 19(2-A) of the A.P. Cooperative Societies Act result in deemed admission of membership.

What did the court decide?

The writ appeal was dismissed; miscellaneous petitions were also dismissed.

The Fishermen Cooperative Society, Vs The Telangana… — Cooperative Societies | Telangana HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE S.V. BHATT

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WRIT APPEAL No. 809 OF 2015

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Date: 08.09.2015

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Between:

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The Fishermen Cooperative Society, rep., by its President, Potharam, Kodimyal Mandal, Karimnagar District.

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… Appellant

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And The Telangana Cooperative Tribunal, Warangal, Rep., by its Secretary, Warangal & others.

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… Respondents

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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE S.V. BHATT

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WRIT APPEAL No. 809 OF 2015

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PC: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)

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Heard learned counsel for the parties.

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This writ appeal challenges the order, dated 10.03.2015, passed in W.P.No.3957 of 2015, whereby writ petition filed by the appellant has been dismissed.

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Writ petition was directed against the order of the Registrar of Cooperative Societies admitting respondent Nos.3 to 85 as members of the appellant society.

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We have perused the order passed by the learned Single Judge and, in particular, the concluding paragraph thereof and also the provision of Section 19 (2-A) of the A.P. Cooperative Societies Act, 1964 (for short, “the Act”). It is not in dispute that respondent Nos.3 to 85 had applied for membership to the Registrar. Further, it is not in dispute that they are qualified to become members of the appellant society and that they had submitted applications in the prescribed form under the Act. In view thereof, the learned Judge while dismissing the writ petition observed as follows in the impugned order:

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“However, as per the ratio laid down by the Division Bench of this Court in the decision reported in Fishermen Co-op. Society Kondair Village (1 supra), as well as on a plain reading of Section 19(2-A) specifically lays down that any individual seeking admission of the membership may apply through the Registrar for membership

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of such society and such person shall be deemed to have been admitted as member of the society. Therefore by virtue of the aforesaid provision the respondents – fishermen are deemed to have been admitted as members of the society.”

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Insofar as legal position as reflected in the aforementioned paragraph is concerned, the same is not in dispute.

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Learned counsel appearing for the petitioner, however, submits that the membership may be given with effect from future date. His submission, in our opinion, must be rejected in view of the clear provisions contained in Section 19(2-A) of the Act.

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Writ appeal is accordingly dismissed.

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Miscellaneous petitions, if any, shall also stand dismissed.

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_________________________ DILIP B. BHOSALE, ACJ

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________________________ S.V. BHATT, J Date: 08.09.2015 ES

The Fishermen Cooperative Society, v. The Telangana Cooperative Tribunal

Case brief

What is this about?

What did the court decide?

The Fishermen Cooperative Society, v. The Telangana Cooperative Tribunal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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