Disposed

Bollepelly Venkatesh v. The State of Telangana

Telangana HC26 Apr 2022WP/9045/2022

Case brief

AI extract

What is this about?

This order disposed of a writ petition and miscellaneous applications filed by daily laborers/fishermen against the State and a Cooperative Society. The petitioners alleged fraud regarding the society's registration and sought its de-registration and a stay on fish harvesting. The court directed the Registrar to act on a legal notice without adjudicating merits.

What did the court decide?

Direction to respondent No. 5 to act upon legal notice dated 05.02.2022 and pass orders under Section 9-B(1)(iv) of Telangana Cooperative Societies Act within two weeks.

Bollepelly Venkatesh Vs The State of Telangana — Company and Corporate | Telangana HC (2022)

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..R

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HIGH COURT^FOR THE^{STATE OF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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TUESDAY ,THE TWENTY^{SIXTH DAY OF APRIL} TWO THOUSAND^{AND TWENTYTWO}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE A.ABHISHEKREDDY}

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WRIT PETITION N O: 90^450F2022

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Between:

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Bollepelly Venkatesh,^{S/o. Sailu, age. 26 years' Occ' daily labour and fishing'} . z. rvrosJoif'" Lingaswamy,^{S/o. Satt;iah, age. 30 years, occ daily labourand} fishing.

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a. a;y";rdi Nagariuna,^{S/o. Chandraiah, age. 36 years,Occdaily labourand} fishing.

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+. fr,falaioni Swamy,^{S/o. Venkataiah,age.29 years,Occ daily labourand} fishing.

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S. Cnepiri Ravinder,^{S/o. Venkat Narsimha,age27} '^{Occ daily labourand} fishing.

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O. tr,toguiala Srikanth,^{S/o. Srinu, age. 30 years,Occ' daily labour and fishing'} i.^g"vrprtni Surender,^{S/o. Salaiah,age.32 years, Occ daily labour and} fishing.

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g. ft/ogutafa Shivakumar, S/o' Sataiah, age. 36^{years, Occdaily labour and} fishing.

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g. ieedi-madla Lingasamy, S/o. Pitchaiah, age. 42^yeats, Occ'^{daily labour and} fishing.

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f o. fr/oguiata Ravinder,^{S/o. Sataiah,age.36 years, Occ' daily labour and} fishing.

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f f . lrfoguiafa Praveen,^{S/o. Narsimha, age. 24 years,Occ dailylabourand} fishing.

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t2. Muntfia^{lvlallesh, s/o. penteiah,age. 3g years,occ.daily labour and fishing.} ri. H,rogrO"f"^{Raju, S/o. Venkataiah,ige. 33 years,} ^Occ^{daily labourand,fishing'} i+. aofiepaf fV Saielu,^{S/o. Jangaiah, age. 52 years, Occ' daily labourand.fishing} . is.sr"tl Li"grswamy,^{S/o. Narasimha,age. 33 years, Occ' daily labour and} flshing.

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ro. sankJ^yadagiri, s/o.^{Venkataiah, age. 40 years,occ. daily labourand fishing.} ii. f..fi.prf fV MJnesn,^{S/o. Sataiah, age. 31 years, Occ. daily labour and fishing.} . ta.San[u Venkanna,^{S/o. Chandraiih, age. 27 years,Occ' daily labourand} fishing.

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19.4;;k; Yadagiri,^{S/o. Balnarasimha,age.47 years, Occ daily labourand} fishing.

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ZO. SunJlragoni^{Srinu,S/o. Ramulu,age. 42 years, Occ daily labour and fishing'.} il.iir:"p, Venkat^{Rao, S/o. Shashiih,age.48years, occ daily labour and} fishing.

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Bemanapelli Narasimha, S/o. Somaiah, age. 47 years, Occ. daily labour and fishing.

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Chintalla Srinu, S/o. Mutaiah, age. 32 years, Occ. daily labour and fishing.

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Veeramalla Kashaiah, S/o. Survaiah, age. 41 years, Occ. daily labour and fishing.

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Boyaparthi Llngaswamy, S/o. Buchaiah, age. 31 years, Occ. daily labour and fishing.

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Pagilla Srinu S/o. Ramullu, age. 42 years, Occ. daily labour and fishing.

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Jeedimadla Saidulu, S/o. Pinchaiah, age. 47 years, Occ. daily labour and fishing.

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Boyaparthi Saidulu, S/o. Lingaiah, age. 38 years, Occ. daily labour and fishing.

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Jeedimadala Ramalingaiah, S/o. Kannaiah, age. 55 years, Occ. daily labour and fishing.

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Goli Anil, S/o. Allaiah, age. 33 years, Occ. daily labour and fishing.

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Boyaparthi Srikanth, S/o. Ramalingaiah, age. 28 years, Occ. daily labour and fishing.

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Oggu Saidulu, S/o. lellaiah, age. 42 years, Occ. daily labour and fishing.

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33.Adla Ramalingaiah, S/o. Yellaiah, age. 52 years, Occ. daily labour and fishing.

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Jeedimadla Dasharatha, S/o. Sallamma, age. 42 years, Occ. daily labour and fishing.

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Veeramalla Ashok, S/o. Krishnaiah, age. 40 years, Dec. daily labour and fishing.

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Pagilla Saidulu, S/o. Ramullu, age. 47 years, Dec. daily labour and fishing.

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3T.Mogudala^Yadaiah, S/o. Kashaiah, age. 50 years, Occ. daily labour and fishing.

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38- Mogudala Kiran, S/o. Yadaiah, age. 33 years, Occ. daily labour and fishing.

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Veeramall Papaiah, S/o. Mallaiah, age. 52 years, Occ. daily labour and fishing.

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40.Madaragon Shankar, S/o. Buchaiah, age. 47 years, Occ. daily labour and fishing.

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4l.Madaragoni Krishna, S/o. Lingaiah, age. 38 years, Occ. daily labour and fishing.

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Boyapanhi Ganesh, $/o. leedaiah, age. 27 years, Occ. daily labour and fishing.

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Mogudala Chendrashekar, S/o. Bixmaiah, age. 23 years,Occ. daily tabour and fishing.

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Mogudala Vinod Kumar, S/o. Venkataiah, age.29 years, Occ. daily iabour and fishing.

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45.Madaragoni Saidulu, S/o. Yadaiah, age.29 years, Occ. daily labour and fishing.

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Pagilla Malesh, S/o. Narasimha, age. 27 years, Occ. daily labour and fishing. 47. Jeedimadala Narasimha, S/o. Mutaiah, age. 36 years, Occ. daily labour and fishing.

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Veeramalla Saratkumar, S/o. Shaker, age. 29 years, Occ. daily labour and fishing.

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Madragon Narasimha, S/o. Lingaiah, age. 44 years, Occ. daily labour and fishing.

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50.Adla Parrnesh, S/o. Anjaiah, age. 36 years, Occ. daily labour and fishing.

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Veeramalla Venkatesh, S/o. Jaihindu, age. 35 years, Occ. daily Iabour and fishing.

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Neelikanti Yadaiah, S/o. Yettamma, age. 49 years, Occ. daily labour and fishing.

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Bollepelli Naveen, S/o. Narasimha, age. 24 years, Occ. daily labour and fishing.

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Bemanapelli Yadaiah, S/o. Narasimha, age. 47 years, Occ. daily labour and fishing.

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Veeramalla Narasimha, S/o. Venkataiah , age. 42 years, Occ. daily labour and fishing.

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Bollepalli Kiran, S/o. Narasimha, age. 27 years, Occ. daily labour and fishing.

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Mogudala Narasimha, S/o. Chilkaiah, age. 51 years, Occ. daily labour and fishing.

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Veeramalla Venkatesh, S/o. Ramaiah, age. 37 years, Occ. daily labour and fishing.

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Mogudala Ramprasad, S/o. Narasrmha, age. 26 years, Occ. daily labour and fishing.

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Pagilla Rakesh, S/o. Ramullu, age. 37 years. Occ. daily labour and fishing.

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...PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary for Animal Husbandry, Dairy Development and Fisheries Department, Secretariat, Hyderabad.

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2 The Commissioner of Frsheries for the State of Telangana, Shantinagar, Opp.Mahaveer Hospital, Masabtank, Hyderabad.

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J The Deputy Director ol Fisheries (lnland Fisheries), Shantinagar, Opp.Mahaveer Hospital, Masabtank, Hyderabad.

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4 The District Fisheries Officer, Nalgonda District, Nalgonda town, Nalgonda District.

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5 Assistant Director of Fisheries/ Ex.Officio Dy. Registrar of Co.operative Societies, Nalgonda town, Nalgonda District.

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6 The Tahasildar, Munugodu Mandal, Nalgonda District.

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7 The Fishermen Co.operative Society (Reg. No. 381/QFC/21), Kompally Village, Ivlunugodu Mandal, Nalgonda District.

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...RESPONDENTS

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Petition under Nlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction preferably a writ in the nature of Mandamus directing the officlal respondents No.2 to 5 to De-Register the respondent No.7 society under Section 9.8 (1) (iv) of the Telangana Co.operative societies Act Vll of 1 964 as the members of the society^played fraud and misrepresented their community and got registered the society illegally from the respondent No. 5 and consequently allow the petitioners to harvest the fish crop from Kompally Pedda Cheruvu as the petitioners developed the fish in the tank by spending huge amount.

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lA NO: 1 OF 2022

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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 to order the respondents permitting the petitioners to harvest the fish crop from kompally peddda cheruvu as the petitioners develop the fish in the tank by spending huge amount pending disposal of the above writ petition.

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lA NO: 2 OF 2022

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Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to grant stay of catching fish by the respondent No. 7in Kompally Pedda Cheruvu in view of the petitioners investment in developing the fish in the tank.

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Counsel for the Petitioners: SRl. T L KRISHNA PRASAD Counsel for the Respondents 1 to 5: GP FOR FISHERIES Counsel for the Respondents 6: GP FOR REVENUNE Counsel forthe Respondent 7: SRl. D.L.PANDU, SC FOR FISHERIES The Court made the following: ORDER

THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY

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IVRIT PETITI oN No.9045 of 2022

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ORDER:

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Heard the learned counser for the petitioners, the Iearned Government Pleader for Fisheries appearing for respondent Nos.1 to 5, the learned Government Pleader for Revenue appearing for respondent No.6, and Sri D.L. Pandu, the leamed counsei appearing for respondent No.7. With their consent, the present writ petition is being disposed of at the stage of admission.

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This writ petition is filed seeking a direction to respondent Nos.2 to 5 to de-register respondent No.7-society under section 9-B (l)(iv) of the Telangana Cooperative societies Act, 1,964, as the members of the sociefy have prayed fraud, misrepresented their communify and got registered as members of tire society.

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Having regard to the fact that the petitioners have got issued a regal notice dated 05.02.2022 to the respondent No.5, without going into the merits or demerits of the case, the present writ petition is disposed of with tfre direction to respondent No.5 to act upon the legal notice dated 0s.02.2022 and Pass^{necessaryorders, in accordance} with law, as expeditiously as possible, preferably, within a period of two weeks from the date of receipt of a t:opy of this order.

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Miscellaneous applications, if any pending, shall stand closeci. l'here

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shall be no order as to costs.

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SD/-T.SRINIVAS ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

'1. The Principal Secretary for Animal Husbandry, Dairy Development and Fisheries Department, Secretariat, State of Telangana, Hyderabad.

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The Commissioner of Fisheries for the State of Telangana, Shantinagar, Opp.Mahaveer Hospital, Masabtank, Hyderabad.

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The Deputy Director .of Fisheries (lnland Flsheries), Shantinagar, Opp.Mahaveer Hospital, Masabtank, Hyderabad.

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The District Fisheries Officer, Nalgonda District, Nalgonda town, Nalgonda District.

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Assistant Director of Fisheries/ Ex.officio Dy. Registrar of co.operative Societies, Nalgonda town, Nalgonda District.

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One CC to SRt. T L KRTSHNA PRASAD, Advocate [OpUC] 7. Two CCs to GP FOR FISHERIES ,High Court for the State of Telangana. At Hyderabad. rOUTI

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Two CCs to GP FOR GP FOR REVENUNE, High Court for the State of Telangana. At Hyderabad. [OUT]

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SRI.D.L.PANDU, SC FOR FISHERIES.

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10- Two CD Copies.

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1 1 - One Spare Copy.

-}/

KPV

.4.:,

HIGH COURT

AAR, J

DATED: 2610412022

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3 20JUN?022
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ORDER

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WP.No.9045 of 2022

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DISPOSING OF THE WRIT PETITION WITHOUT GOSTS

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e*6v'

Bollepelly Venkatesh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bollepelly Venkatesh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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