Disposed

Sri. Nagishettigari Kashiram v. The State of Telangana and 4 Others

Telangana HC11 Apr 2023WP/1279/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition and interim application seeking a skill test for fishermen cooperative society membership. The Court directed the fourth respondent to consider the petitioner's representation, giving notice to the fifth respondent within three months without adjudicating merits.

What did the court decide?

Directed Respondent No. 4 to consider petitioner's representation dated 03.12.2020 and pass appropriate orders after giving notice to Respondent No. 5 within three months.

Sri. Nagishettigari Kashiram Vs The State… — Pension and Retirement Benefits | Telangana HC (2023)

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[³³⁰³ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE J. SREENIVAS RAO

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WRIT PETITION NO: 1279 OF 2021

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Between:

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Sri. Nagishettigari Kashiram, S/o. Narayana, Aged 34 years, Occ. Ex.Sarpanch, Rl/o. Burugupally Village, Shankarmpet (A) Mandal, Medak district.

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...PETrroNER

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AND

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TheStateof Telangana, Rep by Principal Secretary, Animal Husbandry,Dairy Development Fisheries, Secretariat at B.R.K.R Bhavan, Tank Bund, Hyderabad

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The Commissioner of Fisheries, Shanthi Nagar, Hyderabad, Telangana

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The District Collector, Medak District, At lvledak, Telangana State. 4. The District Fisheries Officer, Medak District, Telangana State. 5. The Fishermen Cooperative Society, Burugupally Village, Shankarampet^(A), Medak District, Telangna State.

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Burugupally Grampanchayat, Rep. by its Panchayat Secretary, Burugupally, Shankaramet (A) Mandal, Medak District.

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(R6 is impleaded as per Court Order dated 30.01.202, '. ,.^Ifdif^1;3*r;J

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Petition under Arlicle 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus direct the respondents to conduct skill test of the petitioner members wherein it can accommodate as per the water spread area is Ac.55-00 of Ballanicheruvu and Kattemcheruvu of Burugupally Village of Shankarampet(A) Mandal, Medak District by eliminating/weeding out of bogus/ineligible members from the sth Society as per G.O.tvls.No.74 dt.2111012011 and G.O.Ms.No.6 dt.24l3l2016 constituting new Fishermen Coop. Society, consequently direct the Respondent authorities to consider representation Dl Ag 12/2020 of the Petitioner

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lA NO: 1 OF 2021

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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 stay the catching of fish by the 5th Respondent society in water spread area is Ac. 55-00 of Ballanicheruvu and Kattemcheruvu of Burugupally Village of Shankarampet(A) Mandal, lvledak District pending disposal of Writ Petition Counsel for the Petitioner: SRI PALLE SRIHARINATH

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Counsel for Respondent Nos. 1 to 4: GP FOR FISHERIES

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE J. SREENIVAS^RAO

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W.P.No.L279 of 2O2l

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ORDER:

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This writ petition is filed seeking Writ of Mandamus directing the respondents to conduct skill test of the petitioner members wherein it can accommodate as per the water spread area is Ac.55-OO of Ballanicherur,u and Kattemcheruvu of Burugupally Village of shakarampet(A) Mandal, Medak District by eliminating/weeding out of bogus/ineligible members from the sth

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respondent society as per G.O.Ms.No.74 dated 21-10-20 11 and G.O.Ms.No.6 dated 24.O3.2016 constituting new Fishermen Cooperative Society and consequently to direct the respondent authorities to consider representations dated 03.12.2O2O of tl.e petitioner.

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Heard Sri Palle. Sriharinath, learned counsel for the petitioner and learned Assistant Government Pleader for Fisheries appearing for respondent Nos. 1 to 4.

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The 5tr. respondent has not entered into agreement inspite

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of service of notice.

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Learned counsel for the petitioner submits that the petitioner submitted representations to the respondent Nos.2 to 4 on 03.12.2O2O, requesting to conduct skill test to the petitioner and others as mentioned in the representations and till date the respondents have not passed any order.

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The learned counsel for the petitioner requests this Court that without going into the merits of the case direct the respondents to consider the representations submitted by the petitioner on O3.12.2O2O and pass appropriate orders.

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The learned Assistant Government Pleader for the respondent Nos.1 to 4 submits that the 4th respondent is the competent authority to consider the representations of the petitioner and the writ petition may be disposed of directing the respondent No.4 to pass appropriate orders by fixing the reasonable time.

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In view of the submissions made by the respective parties i.e. the learned counsel for the petitioner as well as the learned Assistant Government Pleader for respondent Nos.l to 4, without going into the merits of the case, the writ petition is disposed of directing the respondent No.4 to consider the representations submitted by the petitioner dated 03.12.2O2O and pass appropriate orders in accordance with law, alter giving notice to the respondent No.5 Society within a period of three (03) months from the date of receipt of a copy of this order.

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7 . Accordingly, the writ petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ

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petition, shall also stand closed.

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SD/- T.JAYASREE ASSISTANT REGISTRAR ,/ //rRUE COPY// & / SECTION OFFICER

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To, 1 The District Fisheries Officer, Medak District, Telangana State. 2 One CC to Sri Palle Sriharinath Advocate [OPUC] 3 Two CCs to GP For Fisheries (TG) ,High Court foi the State of Telangana. tourj 4. Two CD Copies MBC SW CBP

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HIGH COURT

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DATED: 1110412023

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ORDER

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WP.No.1279 of²⁰²¹

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DISPOSING^{OF THE IAIRIT PETITION}