Disposed

Jnapanuri Atchaiah v. The State of Telangana

Telangana HC18 Oct 2023WP/25299/2023

Case brief

AI extract

What is this about?

Writ Petition challenging inaction by Respondents 3 & 4 in implementing an order admitting villagers as members of a Fishermen Cooperative Society. Court directed the District Fisheries Officer to verify share deposits and admit qualified persons as members with voting rights.

What did the court decide?

Direct Respondent No.3 to verify share deposits and pass orders directing Respondent No.4 to admit 190 qualified persons as members with full rights upon deposit of share amounts.

Jnapanuri Atchaiah Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2023)

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[^320s ]

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

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WEDNESDAY, THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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WRIT PETITION NO: 2529I oF2023

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Between:

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Jnapanuri Atchaiah, S/o. Gopalu, Age 47^yrs, Occ;^Daily Labour,^{R/o. Pocharam(V)} Kallur^(M), Khammam District.

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.....PETITIONER

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AND

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The State of Telangana, Rep through it s Prl. Secretary^Fisheries Department Secretariat Buildings Secretariat Hyderabad.

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The Commissioner of Fisherres, Telangana State at^Hyderabad.

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Assistant Director of Fisheries/ District^Fisheries Officer,^{Khammam District} Khammam.

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The Fishermen Co-operative Society, Peddakorukondi^{Rep by its Person-in-} charge Fisheries Development Officer, Kalluru^Mandal, Khammam^District.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution of lndia^praying that^{in the} circumstaRces 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 MANDAMUS to declare the inaction of the respondent No.3 and 4 for non implementation of the^{proceedings/orderspassed} by the respondent No.2 in favour of the^petitioner and other beneficiaries vide RC.No.121lE2l2020 Dated 25-8-2023 to issue of the membership of the petitioners to join / admit in the 4th respondent society even after the respondent No.2^proceedings vide RC.No.121lE2l2O20 Daled 25-8-2023 which is involved hand to mouth of BPL Families of the^petitioner and others are illegal, arbitrary, unconstitutional effecting their rights^guaranteed by the Art. 19 of the Constitution of lndia, and CONSEQUENTLY direct the respondenls No.3 and 4

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to implement the proceedings/orders passed by the respondent No.2 in favour of the petitioner and other beneficiaries vide RC.No.121 1E212020 Daled 25-8-2023 without any delay and admit the petitioner as members of the 4th respondent. I.A.NO:1 OF 2023

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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 direct the respondents No.3 and 4 to implement the^proceed ings/orders passed by the respondent No.2 in favour of the petilioner and other beneficiaries vide RC.No.121lE2l2020 Dated. 25-8-2023 without any delay and admit the petitioner as members of the 4th respondent pending disposal of the above writ petition. Counsel for the Petitioner : SRI G.L.NARASIMHA RAO

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Counsel for the Respondents: Ms. P.SUMALATHA, GP FOR FISHERIES

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The Court made the following ORDER

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HON,BLE DT. JUSTICE CHILLAKUR^SUMALATHA ItrIRIT PETITION No. 25299^{of 2023}

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ORDER:

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Heard Sri G.L.Narasimha^{Rao, learned counsel for the} Writ Petitioner as well as^{Ms.P.Sumalatha, learned Assistant} Government Pleader for^{Fisheries, who is representingall the} respondents.

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This Writ Petition is filed^{seeking the Court an order in} the nature of Writ of^{Mandamus declaring the inaction of} Respondent No.3 i.e., Assistant^{Director of Fisheries/District} Fisheries Officer, Khammam^{District and RespondentNo 4} i.e., The Fishermen Co-operative^{Society,Peddakorukondi,} in implementing the orders^{passed by RespondentNo 2-} Commisioner of Fisheries,^{Hyderabad, infavour ofthe} petitioner and other beneficiaries^{vide Rc.No. l2l} lE2l2O2O dated 25.08 .2023, as^{arbitraryand unconstitutionaland} consequently to direct^{Respondent Nos.3 & 4 to implement} the orders issued by^{RespondentNo.2.}

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Making his submission^{with regard to meritsof the} matter, learned counsel^{for the petitioner states that the} villagers of Pocharam^{and Pcddakorukondasubmitteda}

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{

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Dt-CSL,J W P Na.25299 af 2023

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representation seeking for their enrollment as members of Fishermen Cooperative Society, Peddakorukonda. After several representations, their request was considered and ultimately, the 2nd respondent l.e the Commissioner of Fisheries, Hyderabad, issued proceedings vide Rc.No.12l lD2l2020, dated 25.08.2023, in favour of the applicalts. Though the said order was passed, the District Fisheries Officer, Khammam i.e., Respondent No.3 herein, did not take any steps for admitting them as Members and likeu,ise, the 4th respondent i.e., The Fishermen Cooperative Society, Peddakorukonda, is not issuing due share in the activities as members of the said society arld therefore, the present Writ petition is filed.

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4 . Learned Assistant Government Pleader for Fisheries seeks the Court to dispose of the Writ Petition on merits

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A perusal of the proceedings issued by the Commissioner of Fisheries, Telangana State, vide Rc.No.l2llD2 12020, dated 25.08.2023, goes to shorv that steps were taken to resolve the issue amicably and a

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Committee .r,as constituted and the said Committee

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r.'

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Dr.6LJ W.P No.25299 ol2O23

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':(

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submitted its report.^{Thereafter, all the connected parties} were called by the^{Commissioner of Fisheries and upon} hearing all of them,^{orders werepassed.The oPerattve} Proceedings portion of the order i.e.,^{order in} Rc.No.121lE2l2O2O,^{dated 25.08.2023,reads as under:-}

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" Orders

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Heard both the^{porties,obseruedtllecopAof} fishing^{ights of} Pochauaram^{peddachenttrutn} fauour^{of FCSPeddakorukondi'} There are no speciftc^reasotls for^{refrainingmembershipto} tLLe persons of Pochauaram^{Village' Hence,olt (190) quatified} persons Qre d.eemed to^{bemembers ofFishernen} Coop.Societg, Peddokorukondi^{uith effect} from^{the dale of} indiuidual share^{amount remitted into tte Coop'CentralBank'} Kalluru Branch of Klnmmam^Dbtnct.

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The DFt), Khammam,^{shall takenecessaryaction} immediatelg utithout further^{loss of time'"}

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By the aforementioned^{order, it is clear that all the} " 190" qualified^{persons are deemed to be the membersof} Respondent^{No.4-Fishermen Cooperative Society'} Peddakorukonda,^{with effect from the date of deposit of their}

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individual share^amount

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Dr.CSt.,l w-P.No 25299 oJ 2A23

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7 . The submission ol the learned counsel for the petitioner is that the share amount was already deposited. The said submission is not denied by learned Assistant Government Pieader for Fisheries.

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In the light of the aforcmentioned facts, this Court considers desirable to dispose of the Writ petition with the following direction:-

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Respondent No.3-District Fisheies Officer, Khammam District, is directed to took into tlrc issue immed_iatelg, to ueifg tthether the share atnount is remitted and. thereafter lo pass appropiate ord.ers by issuing separate proceedings directirtg the 4n respond,ent to conduct fishing operations tnclusiue of the persons tuho deposited the amount in fishing actiuities. On deposit of the indiuiduaL share amounts, all the 190 quatifted persons, as ordered by the Commissioner of Fislrcies, Hgderabad in the aforementioned. proceed.ings, shall be deemed to be the members of the 4th respond.ent Societg and would hold equat rights of participation, inctuding .-wting rights. Tlrcre shall be no order as to cosls

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Dr cSL,r W P No.25299 oJ 2A23

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Miscellaneous petitions pending, if any, shall stand Ass,srAi?r'R[$ff'l / ,fTRUE^COPY" sEcnoN^oFficER

closed.

"ffi

GJPW.-

I I

HIGH COURT

DATED:1811012023

ORDER

WP.No.25299^{of 2023}

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t\r: STAf
o't
0 7 llill.l 2023
,.:

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DISPOSING^{OF THE W.P}

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WITIIOUT COSTS.

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tr.^cRh 6

Jnapanuri Atchaiah v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Jnapanuri Atchaiah v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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