Jnapanuri Atchaiah v. The State of Telangana
Case brief
What is this about?
HIGH COURT FOR THE STATE OF TELANGANA AT…
What did the court decide?
Petitioners declared as infructuous; relief denied.
HIGH COURT FOR THE STATE OF TELANGANA AT…
Petitioners declared as infructuous; relief denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[320e ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO: 20757 0F 2023
Between:
-1 3.Gorrepati Kishore S/o. Suraiah, Age: 34 yrs,
'..' .,!i,, 4. Nandru Saryanarayana S/o. yesobu, Age: 32 yrs, .5.,Gorrepati Jamalaiah Sy'o. tshushanzrm , Age:42 yrs, 6. Nam:r SaLish S/o. prasad, Agc:32yrs, 7. Nama Ravindra S/o. prasad, Age:29 yrs, 8. Dasari I(rishna S/o. Dasu, Age:42 yrs, 9- Gorrepati Mukkanti S/o. Gopaiah, Agc: 62 yrs, 10. Gorrcpati Ravindra Babu S/o. Chinnajohn, Age:29 yrs,
7, rlil..-Qtrirepati Sziibabu S/o Daveedu , Age: 39 years, 12. Gorrepati Bala Karishna S/o Venkati , Age: 24 years, 13. Velpula pullaiah S/o I(upaiah , Age: 42 years, 14. Kafukuri Vindo Babu S/o Venkati , Age..29 years, 15. Pothuraju Krishna S/o ()opaiah, Age:38 years, 16. Gorrepati Sndip Rao Duryodhana, Age:33, 17. Gorrepati Kotaial-r,. S/o Gopaiah, Age: 47 years , 18. Katlrkuri Nageswara Rao S/o trmelaiah 24 years,
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2 1 . Vclpula llanraRao S/ o Vr:craiah , Agc: 37 ycars,
23.( )orrepatr KuturnbaR:ro S/o Chinnajohn, Agc: 37 years ,
24.(iorrepali R:rmcsh S/o Blrush:rnam, Agc:32 yoars,
27 .()orrcpzrli Navccrr S/o Iirishna , Agc: 32 yrs,
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69.()orrcpali (lhrnn:r I(rishnaS/ o. Pullaiah, agc: 4O yrs,
72.(iorrcpati lJpr:ndtrr, s/ o. Nagcswara Rao,agc: 29 yrs,
All are Occ. Daily wage Labour, R/o. Pochararn (V) Kallur (M), Khammam Dist.
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88.pasupuleti Janardhan,S)o.narayana,age.54 yrs,
.: ;. ,?6,",fUettdtaSuiesh,STo. Nagabhushan Rao,age: 34 yrs, :-': .-':j97. Bei:ie-ili , ri#aiiriitra nao,S/o.nayappa,age: 5 t yrs,
1O5. Thotapalli prakash,S/o. Janaiah, ahe: 44 yrs,
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121.'l'asikamalla Krishnaiah/oRamulu, age:38 yrs'
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age: 34 yr.s,
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AND .Petitioners ::; :, .'* - ., '::-.' l:.The State of Telans: Prr. s;;;;,;;;il,1?IaRep throughit,s e,rai.,g"s",".";;;:'ji?r?::fftmentsecretariat
..Respondents
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Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an Order Direction or Writ and more particularly one in the nature of WRIT OF IVANDAIVUS to declare the inaction of the respondents to decide the issue of the membership of thepetitioners tojoin /admit in the 4th respondent society even after laps of 7 years of their eligibility which is involved hand to mouth of BPL Families of thepetitioners is illegal, arbitrary, unco n stitutio na I effecting their rightsguaranteed by the Art. 19 of the Constitution of lndia, and CONSEQUENTLY direct the respondents to allow the petitioners as members of the 4th respondent and to participate them for fishing activities tojoin in the Respondent No.4 society for their livelihood without any delay as they are passed in the skill test and confirmed by the respondents with their proceedings Dt. 28-12-2017 and asper the Resolution 22-9-2019 of the 4th respondent arc fully eligible and entitled for their membership.
lA NO: 1 OF 2023
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to direct the respondents No.2 to 4 to allow thepetitioners as members in the Respondent No.4 society for their livelihood without any further unnecessary delay as per the Resolution 22-4-2019 of the 4th respondent, which is depriving the petitioners livelihood and hand to mouth issue of their families.
lA NO: 2 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to direct the respondents No. 2 to 4 not to proceed or allow the Respondent No.4 society for fishing in the season of thisyear of 2023-24 and not to conduct elections without decide the membership of thepetitioners asper the Resolution dated 22-4-2019 of the 4th respondentpending disposal of the above writ petition.
Counsel for the Petitioners: SRI G.L.NARASIMHA RAO
Counsel for the Respondents: GP FOR FISHERIES
The Court made the following: ORDER
HON,BLE DT. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION No.2O757 of 2o23
ORDER:
i. This Writ Petition is filed seeking an order in the nature of Writ of Mandamus declaring the inaction of respondents in deciding the issue of membership of the petitioners to join in the 4tr, respondent's Society even after lapse of seven years of their eligibility, as illegal and arbitrary and consequently to direct the respondents to allow the petitioners as members o[ the 4tt respondent Society and to participate them in fishing activities for their livelihood.
Miscellaneous petitions pending, if any, sha1l stand
closed.
SD/.B. SARASWATHI ASSISTANLREGISTRAR sEc?&N oFFrcER
//TRUE COPY//
To,
To, 1. One CC toSRI GI.NARASIMHARAO' AdvocateIO["'SL" of Tetangana ar i. ifi 66;"1"'CiioRiisHEntes,High courtror tl Hyderabad [OUT] Two CD Copies BSR GJP
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HIGH COURT
DATED: 1811012023
ORDER
WP.No.20757 of 2023
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DISMISSING THE WRIT PETITION,
WITHOUT COSTS
lt 1F
Jnapanuri Atchaiah and Others
The State of Telangana
Commissioner of Fisheries
Assistant Director of Fishes
Fishermen Co-operative Society
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court