T. Mallaiah v. The State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.1930 of 2009 ORDER:
Petitioner prays for Mandamus directing respondents 1 and 2 to bifurcate the third respondent society into two societies and constitute Amgadi Kistapur and Chebarthi as one new Fishermen Cooperative Society and the existing Primary Fisheries Industrial Cooperative Society, Markuk with the remaining villages, Markuk village, Mulugu Mandal, Medak District.
2. Petitioner among other averments stated that representation dated 05.01.2009 was made to respondents. Even the representation remained unattended.
3. On 05.02.2009, in WPMP.No.2444 of 2009, this Court directed as follows:
"There shall be interim direction to the respondents to consider the representation purported to have been submitted by the petitioner on 05.01.2009 and pass appropriate orders as per law, within a period of four weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner."
4. Respondents filed counter affidavit and also a petition to vacate the interim direction dated 05.02.2009. The third respondent, in paras 4 and 5 of the counter affidavit, has stated as follows: "4. ...
Further it is submitted that, as per the directions issued in Memo No.595/D/08 Dt.28/8/09, 4/12/09, 29/12/09. The Fisheries Development Officer, Siddipet visited the Angadikistapur & Chebarthy villages on 25/9/2009 by informing in advance to the Sarpanch and Village Revenue Officers as well as Chief Promoter of the above villages & conducted the skill test to the promoters of both the villages at Thomcherla kunta and found (23) persons are skilled Fishermen from Chebarthy 22 and one from Angadikistapur and 26 old members of Fishermen Coop.
Society Marook from Angadikistapur (V) Total 48 members and submitted the proposals by the Fisheries Development Officer, Siddipet vide Lr.No.FDO/SDPT/2010 Dt.5/1/2010 and recommended for
organization & registration of fishermen Coop.
Society at Angadikistapur (v) of Jagdevpur (M) of Medak Dist. It is also submitted that, if the Fishermen Coop. Society at Angadikistapur by including Chebarthy village will be organized & registered, the economical viability of the present society will not be effected. The feasibility & economical viability report is submitted herewith.
5. It is also submitted that, the Proposals for organization & registration of Fishermen Coop. Society at Angadikistapur (V) of Jagdevpur (M) of Medak Dist, by including the village Chebarthy has been submitted to the Commissioner of Fisheries AP, Hyderabad vide Lr.No.595/D/08 Dt.18-2-2010 for according the permission for registration of Fishermen Coop Society at Angadikistapur (v) of Jagdevpur (M) of Medak Dist.:
5. From the above, it is clear steps required for bifurcation have been undertaken and letter was addressed to the Commissioner of Fisheries, Telangana State (Formerly Andhra Pradesh) vide Lr.No.595/D/08 dated 18.02.2010 for according permission for registration of Fishermen Cooperative Society at Angadikistapur village of Jagdevpur Mandal, Medak District.
6. Having regard to the steps initiated, the interim direction is made as final order in the writ petition. The second respondent is directed to complete the process already initiated for bifurcation of societies, if not already done, within three (3) months from the date of receipt of a copy of this order. The writ petition is disposed of. As a sequel, the miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________ S.V. BHATT, J June 29, 2016 DSK