Disposed

Yennaboina Venkateshwarlu and another v. The State of Telangana and 5 others

Telangana HC24 Mar 2023WP/28278/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by members of a Primary Fishermen Cooperative Society seeking a direction to the respondents to consider their representation for continuing as society members after objecting to inaction.

What did the court decide?

Respondents directed to consider petitioners' representation dated 03.08.2021 after giving opportunity to parties within three months.

Yennaboina Venkateshwarlu and another Vs The State… — Cooperative Societies | Telangana HC (2023)

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[³³⁰³ I

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

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FRIDAY, THE TWENW FOURTH DAY OF MARCH TWO THOUSAND AND TWENry THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

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WRIT PETITION NO: 28278 OF 202'l

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Between:

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Yennaboina Venkateshwarlu, S/o. Chinna Ramulu, Aged about 59 years, Occ. Ex-Director, Primary Fishermen Cooperative Society Ltd., Chinna Beeravalli Village, Bonakal Mandal, Khammam District N/o Janakipuram Village, Bonakal Mandal, Khammam District, Telangana State.

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2 Yennaboina Narsimha Rao, S/o Pedda Ramulu, Aged about 57 years, Occ. Member, Primary Fishermen Cooperative Society Ltd., Chinna Beeravalli Village, Bonakal Mandal, Khammam District Nio Janakipuram Village, Bonakal Mandal, Khammam District, Telangana State.

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...PETITIONERS

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AND

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

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The Commissioner of Fisheries, Shanthi Nagar, Hyderabad, Telangana State.

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The District Collector, Khammam District, Telangana State.

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The Assistant Director of Fisheries/ District Fisheries Officer -cum Ex-Officio Deputy Registrar of Cooperative Societies Khammam, Khammam District, Telangana State.

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The Fisheries Development Officer, Khammam District, Telangana State. 6. The President, Primary Fishermen Cooperative Society Ltd., Pedda Beeravalli Village, Bonakal Mandal, Khammam District.

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Cherku Venkateswarlu S/o Gopaiah, Aged about 66 years, Occ Fisherman, R/o Chinabeeravalli Village, Bonakal Mandal, Khammam District.

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(R7 is impleaded as per C.O. dt.1Oil 112021 in l.A.No.1l2O22)

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...RESPONDENTS

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Petition under Article 226 ot lhe 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, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not considering Petitioners representation dated 03-08-2021 to continue Chinna Beeravalli Primary Fishermen Cooperative Society Ltd., Chinna Beeravalli Village, Bonakal Mandal,

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Khammam Distr ct. Tr angana State. rnsprte of objections raisec :y the pr-.titioners on 03-08-2021 vrhic;h vas acknowledged by the Respondent No 4 on O5)B-2021 , as illegal, arbitrzrry ar I violation of Princrples of natural lustico :tnd consequenfly direct the Respondes tc consider the Petitioners represenlzrl on daterj 03-0g2021 received :rnd ;; ;knowledged by the Respondent No.4 rrn 05,09-202.1 by continuing Chinna Ele, ravalli Primary Fishermen Cooperative Sol:ret,r Ltd., Chinna Beeravalli Villager. Bo, rkal Mandal, Khammam District, Telangz rrtr State

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lA NO: 1 OF 2021

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Petition ur,der li :ction 15'1 CPC praying that in the circu.nr;tances s;tated in the affidavit filed rn su1 port of the petition, the High Court may k t: ple,tsed to direct the Respondents t<r onsider the Petitroners representation date<l O3lXgl2O21 received and acknowlt lged by the Respondent No.4 on 05-08- 2021 cy continuing Chinna Beeravallr Prirr ary Fishermen Cooperative Society Ltd., Chinna Beeravalli Village, Bonakal lvlanc l, Khammam District, Telangana State, pe,rdirg dis:osal of the Writ Petition

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Counsel for the Petiti( rers: SRI D.V.SRIKANT Counsel for the Resp< ldent Nos.1 TO 5: GP FOR FISHER|ES Counsel for the Respc rdent No.7: SRI V.V.N.K.SARATH SARl,Nr Counsel for the Respc rdent No.6: -

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The Court made the fo lowing: ORDER

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HON'BLE SRT JUSTICE J. SREENIVAS RAO WRIT PETITION No.28278 OF 2O2l

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ORDER:

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This writ petition is filed seeking writ of Mandamus declaring the action of the respondents in not considering the petitioners representation dated 03.08.2021 to continue Chinna Beeravalli Primary Fishennen Cooperative Society Limited, Chinna Beeravalli Village, Bonakal Mandal, Khammam District, Telangana State, in spite of objections raised by the petitioners dated 03.08.2021 which was acknowledged by respondent No.4 on 05.08.2021, as illegal, arbitrary and violation of principles of natural^justice and consequently direct the respondents to consider the above said representation of the petitioners.

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Heard Sri D.V.Srikanth, leamed counsel for the petitioners, leamed Government Pleader for Fisheries appearing for respondent Nos-1 to 5 and Sri V.V.N.K.Sarath Saran, leamed counsel appearing for respondent No.7.

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In spiti: of r :rvice o1'notice, respondent No.(r h,rs uot chc,setl to enter al)l: )arance

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l.eanr :d c,ounsel for the petitioners sub tr ts that the petitiorrcrs r -rbmitted representation to responde tt No.4 dated 03.08.:102 I requesting them to issue necessary ,:lirectiorr l.o the 6tr' r:s ondent society to continue the J,r:litioners as members irr tl-re said society. But, till date., resp:,udt:rrt NIo.4 has nrit cr. rsidered the representation subm i _t.ed b1. thc petitiorrer; rnd requested the Court to direct rc:,Irondent:; to considr:r' I e representation of the pe1il.i rl.ers dzLtcd 03.08.2 021

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Learr.r d Govcrnment Pleader lbr Fisheries s.rbrnits rhat responrlent No.4 may be directed lcl cc,r rsicler the representati, n alter issuing notice to 6(r'respond,:nt b.y giving oppofturily rnd hxing reasonable tirne.

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IrL vir: v of the submissions rnade by tl-t: re:;ltective paltics, '"r,it[ out going into the merits of the c ts c. ,he rvrit petition js , isposecl of. dit'ectirrg responclent 1r o5.1 31111 5

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to consider the representation subn.ritted by the petitioner dated 03.08.2021 and pass appropriate orders in accordance with law, after giving opportunity to the petitioners as well as 6'r'respondent, within a period of three (03) rnonths frorn the date of receipt of a copy of tl.ris order. There shall be no

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order as to costs.

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Miscellaneous applications, pending if any, shall stand

closed.

SD/- G. SIREESHA

ASSISTANT^REGISTRAR

//TRUE COPY//

SECTION ICER

l.TheAssistantDirectorofFisheries/DistrictFisheriesofficer-cumEx-offtcio' D;;rU R"si;il";;i c;;'p;il'i'e So"i"ti"" Khammam' Khammam District' Telanoana State

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z. ifi 5'iYiil?iJ"t""r"top|.n.nt^{off icer,KhammamDistrict'Telan gana State} 5. o"i, cc t"^{Sni o.v.SntxnNT,Advocate-[oPUC]} 4. Two CCs to^{Gp rOr'iibrienie$, High Courttoi the State of Telangana,at} Hvderabad. [OUT]

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ijir;-bC6'shrV.t.u^{r.snnATHSARAN, Advocate[oPUC]}

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Two CD^CoPies

PSK. GJP .-UP2

i i I

HIGH COURI

DATED:2410:t2023

ORDER

WP.No.28278 ot 2021

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DISPOSING C F THE WRIT PETITION WITHOUT CO STS.

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Yennaboina Venkateshwarlu and another v. The State of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

Yennaboina Venkateshwarlu and another v. The State of Telangana and 5 others

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

Coram

Case details

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