Dismissed

Gandu Yadagiri v. The State of Telangana

Telangana HC12 Nov 2024WP/6024/2024

Case brief

AI extract

What is this about?

In Writ Petition No. 6024 of 2024, fishermen challenged failure to allot society membership despite passing skill tests. The Court disposed of the petition by directing the District Fisheries Officer to conclude forming a new cooperative society for Mudiraj applicants within eight weeks.

What did the court decide?

Direct the District Fisheries Officer to conclude the process of constitution of the 2nd new Fishermen Cooperative Society for Mudiraj applicants within eight weeks.

Gandu Yadagiri Vs The State of Telangana — Cooperative Societies | Telangana HC (2024)

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[³²⁵⁵ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Speciat Original Jurisdiction)

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TUESDAY HE TWELFIH DAY OF NOVEMBER TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

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Between:

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WRIT PE TITION NO: 6024 OF 2024 t

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1 Gandu^yadaoiri S/o Balaiah Aged About 43 ^years, Occ. Fishermen, B urus upaly vjltabe. Hav;i;il;;p,;, fi;;iii"orr, Disrrict retansana State

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1. Boggula Ramulu S/o Lingaiah, Aged about .38 _years. Occ. Fishermen, Buruguparv Virase, HaveiislinpL,. rr,''r'',iari. il?oir o1#lt, rzLl,glri'BLr.

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1. Sunkari Venkatesham, .glp_py1Ouir1",,,^{Ageda.bout 5l years, Occ.} Fishermen,

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Burusupa,y Vitrase, Havetighan[ur Mandii rrrrln"ibiJtrili, rJiiigili,EiLt

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1. Kancham Naoaiah .S/o Laxmaiah. Aged about !4^years Occ Fishermen, Burug upa rv v;rase, Haverish; ;p;; M;'.;; r.'il!orr District, Tera nsana state

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...PETIT|oNERS

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AND

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'1. The State of Telangana, Rep by its Chief Secretary, Secretariat, Hyderabad

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2 The state of reranoana Rep by its principar secretary Animar Husbandrv Dairy Devetopmeniand ristierr6i'bepai,iEniSu.rutrriat, Hyderabad

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The Commlssioner of Fisheries, Shanthi Nagar, Hyderabad, Telangana State

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The Distrlct Collector, Medak District, Telangana State

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t liflfl:Xft$isheries officer, / Assistant Director of Fisheries fi/edak Dishict,

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6 The Deputv Executive Engineer, (rB), rrrigation sub Division, Medak District, Telangana'State

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The Tahsildar, Havelighanpur Mandal, tvledak District, Telangana State

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The District^panchayat Officer, Medak District. Teli si?rffr:i,?r*;Bf^{,iliiiiB,:eti:?ffiH*,'d:i3ffi "u,',l;xn"''v}

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The Station House Officer, ,avelighanpur police Station, Havelighanpur, Medak District, Tetanoana State ijiJClimjrv'F]ih-.rrun uooperative Societv Lim ited, Burugupa ly Virr"gJH Jreiiir;r'.p,li irrr riji r Meda k District, tetangana State Reip by iIs presideiu S5;r.i;ry^--

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'l0.The Primary Fishermen Cooperative Society Limited, Burugupally Village, Havelighanpur Mandal, Medak District, Telangana State Rep by its PresidenU

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that ln the circumstances stated in the affidavit filbd therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the official Respondents not allotting . membership into the 1 oth Respondent Society i.e., The Primary Fishermen Cooperative Society Limited, Burugupally Village, Havelighanpur Mandal, Medak District, Telangana State, as per GOMs.No.9B dated 22-01-1964 and GOMs.No.74 dated 21-10-2011, . GOMs.No.6 dated 24-03-2016 and GOMs.No.4 daled O4-07-2022, inspite of passing the skill test by the Petitioners conducted an 17 -05-2022, as illegal, arbitrary and violation of principles of natural justice and consequently direct the official Respondents to forthwith allot membership into the 1Oth Respondent Society i.e., The Primary Fishermen Cooperative Society Limited, Burugupally Village, Havelighanpur Mandal, Medak District, Telangana Etate, as^per GQMS.No.98 dated 22-0'l-1964 and GOMs.No.74 dated 21-10-2011, GOMs,No.6 dated 24-03-2016 and GOMs.No.4 dated 04-072022, in the interest of^juotice.

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lA NO: 1 OF 2024

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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 official Respondents to forthwith allot ;r6srn$sp5hip into the 1Oth Respondent Society i.e., The Primary Fishermen Cooperative Society Limited, Burugup ally Village, Havelighanpur Mandal, Medak District, Telangana State, as per GOMs.No.98 daled 22-Q1-1964 and GOMs.No.74 dated 21-10-2011, GOMs No.6 dated 24-03-2016 and QOMs,No.4 datdd 04-07-2022, pending disposal of the main^{Writ Petition.}

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Counsel for the Petitioner: SRI D.L. PANDU Counsel for the Respondent No.1:^qP FOR GENERAL ADMINISTRATION Qounsgl for the Respondent No.2, 3 & 5: GP FOR ANIMAL HUSBANDRY Counsel^for the Respondent No.4: GP FOR REVENUE Counsel for th9 Respondent No.6: GP FOR IRRIGATION & CAD Counsel for the Respondent No.7: GP FOR PANCHAYATH RAJ Counsel for the Respondent No.8: SRI R. CHANDRASHEKAR REDDY Counsel for the Relspondent No.9: GP FOR HOME Counsgl for the Respondent No.10: - - -^.

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE N .V.SHRAVAN KUMAR Writ Petition No.6024 of 2024

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ORDER:

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This writ petition is filed to declare the action of official respondents not allotting membership into respondent No.1O society i.e., The primar5z Fishermen Cooperative Societlr Limited, Burugupally Village, Havelighanpur Marrdal, Medak District, Telalgana State as per G.O.Ms.No.98 dated 22.01.1964 aad G.O.Ms.No.74 dated 21.10.2O1L, G.O.Ms.No.6 dated 24.03.2Ot6 and. G.O.Ms.No.4 dated 04.07.2022 insprte of passing the skill test by the petitioners conducted on |T.OS.2O22 as illegaJ and arbitraqz and consequently direct respondents to forthwith allot membership into respondent No.1O Society i.e., The Primary Fishermen Cooperative Society Limited, Burugupally Village, Havelighanpur Mandal, Medak District, Telangana State.

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When the matter is taken up lor hearing, learned Government Pleader for Animal Husbandry has placed a copy of instructions issued by District Fisheries Officer, Medak District wherein it is submitted that in terms of the

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I , i

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order passed by tJ-re Commissioner of Fisheries, Telangana State, new Fishermen Cooperative Society IS being organized with Mudiraj applicants at Burugupally Village w.ith Sripathicherur.,u uide Memo No.l4OlE2 12022 dated 24.11.2022 and Memo No.20971 l22l E2/2023 dated O | .OB .2023 and the process of organization of 2.d new Fishermen Cooperative Society r.vas initiated. It is further stated that subsequent to the said orders passed, the Fishermen Cooperative Society, Burugupally has filed a rvrit petition in W.P.No.22074 of 2023 to stav the process o[ organization of 2.d new Fishermen Cooperative Society for Mudiraj applicalts at Burugupa,lly with Sripathicherur..u. Holvever, the same has been withdra'"vn bv a order of this Court dated 26.O4.2024.

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Learned Government Pleader for Fisheries '"vould therefore submit that since the Commissioner of Fisheries has already directed the District Fisheries Officer to process 2.d new Fishermen Cooperative Societ-v-, artd the process had already been initiated, the same would be constituted rvithin a specified timeframe.

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Recording the submissions of learned Government Pleader for Animal Husbandry, this rvrit petition is disposed of and the District Fisheries Officer, Medak District i.e., respondent No.5 herein is directed to conclude the process of constitution of 2nd new Fishermen Cooperative Society for Mudiraj applicants at Burugupaly with Sripathicheruvu within a period of eight (g) weeks from the date of receipt of a copy of this order.

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Recording the above said submission, writ petition is disposed of, accordingly.

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Miscellaneous petitions, pending, if any, shall stand

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ciosed. However, there shall be no order as to costs.

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SD/-T. JAYASREE ASSTSTANT REGtSTry R R / c./ ty

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//TRUE COPVII

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SECTION OFFICER

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To, 1 The Chief Sqqetary, The State of Telangana. Secretariat. Hyderabad

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lhe Principal_secretary Animal Husbandry Dairy Development and Fisheries ^^{Department,The State of Telanglr.nq.Seiretari6t.Hyderbbad} 3. The Commissioner of Fisheries,-Shdnthi Naqar, Hyd'erabad, Telangana State 4. The District Collector, Medak District, Telandana State 5. The District Fisheries Officer, / Assistant DirEctor of Fisheries tvledak District, Tglangana State

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6 The Deputy Executive Engineer, (lB), lrrigation Sub Division, Medak District, Telangana State

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The Tphsildar, Havelighanpur Mandal, Medak District, Telanqana State E lhe Panchaypt Secretary, The Distrlct panchayat Officer. M6dak District I elangana State Burugupally Grampanchavat,-Buruquoallv Villaoe

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Havell!trha npqr lVlanda [, Meda k Distriot, Telinqa na S'late

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The P1'eside[V Secretary The Station Hotrse 6fficer, Haveliohanour police Station, Havelighanpur, A/edak District, Telangana State fh"e prifrrirv^{- --} Fishermen Coop_erative Society Limited Burugupaliy Village, Haveliljhanpur Mandal, Medak District, Telandana gtatb

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10.The Primary Fishermen Coopdrative Society Limited. Buruqupailv Vrllaqe. Havelighanpur Mandal. Medak District, Tela'ngana State R6p'by its preliaenV Secretarv

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--------.v

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1 1. Qne CC io SRI D L. PANDU, Advocate IOPUCI 12 One CC to SRI R CHANDRASHEKAR REDQY.^Advocate [OPUC] 13 Two CCs to GP FOR GENERAL ADMINISTRATION,^{High Court for the State} |

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of Telangana. [OUT]

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14 Two CCs to GP FOR ANIMAI- HUSBANDRY, High Qourt^{for the Stateof} Telangana lOUTl

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15.Two CCs to-GP FOR IRRIGATION &'CAD, High Court^for the State^of Telangana. [OUT]

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Two CCs to GP FOR PANCHAYATH RAJ, High Court^for the State^of :

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Telangana. [OUT]

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Two eQs to GP FOR REVENUE, High Court for the^{State of Telangana.} Iourl

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lB iwo CCs to GP FOR HOME, High Cgurt for the State of^Telangana. [OUT] 19.Two CD Copies BN BS

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CC TODAY

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HIGH COURT

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\ DATED:1 211112024 \

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gE STAi
t
19 N[! 2021

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ORDER

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WP.No.6024 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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at+'t. #*

Gandu Yadagiri v. The State of Telangana

Case brief

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Gandu Yadagiri v. The State of Telangana

Case brief

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