Andhra Pradesh High Court - Amravati
Rasuri Errayya vs The Pullalacheruvu Fishermen on 2 March, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
I.A.No.1 of 2020 In/and WRIT APPEAL No.370 of 2020
(Taken up through video conferencing)
Rasuri Errayya, S/o Anandarao,
Aged about 38 years, R/o Telagatla (V),
Pullalacheruvu (M), Prakasam District
and others.
.. Appellants.
Versus
The Pullalacheruvu Fishermen
Co-operative Society Limited.,
Pullalacheruvu (V & M),
Prakasam District, rep., by it's
President B. Aadinarayana,
S/o Venkataiah, aged about 40 years,
and others.
..Respondents.
Counsel for the Appellants : Ms. I.K. Annapurna
Counsel for respondents No.2 to 4 : GP for Fisheries
ORAL JUDGMENT
Dt: 02.03.2021
(per Arup Kumar Goswami, CJ)
Heard Ms. I.K. Annapurna, learned counsel for the appellants and the
learned Government Pleader for Fisheries appearing for respondents No.2 to 4.
2. On 03.02.2021, the following order was passed:
2 HCJ & CPK, J
WA No.370 of 2020
"Heard Ms. I.K. Annapurna, learned counsel for the
appellants.
By the order dated 24.11.2020 notice was directed to be
issued to the writ petitioner in ordinary post as well as speed post.
None appears for respondent No.1/writ petitioner. It is not
very clear whether notice has been received by respondent
No.1/writ petitioner.
In that view of the matter, the appellant is permitted to
serve notice to respondent No.1 personally and thereafter, to file
an affidavit of service.
In the notice to be served on respondent No.1, it will be
indicated that this matter will be taken up for consideration on
18.02.2021.
Personal service shall be effected on or before 10.02.2021."
3. Subsequent thereto, on 19.02.2021, the following order was passed:
"Heard Ms. I.K. Annapurna, learned counsel for the
appellants. She has produced before the Court proof of service on
the writ petitioner.
From the notice, it appears that the notice was served on
05.02.2021 on the President of the writ petitioner. In the notice, it
was clearly indicated that the matter shall be listed on 18.02.2021.
Since this matter could not be taken up on 18.02.2021, it is listed
today again.
There is no representation on behalf of the writ petitioner.
3 HCJ & CPK, J
WA No.370 of 2020
Learned Government Pleader for Fisheries appears for
respondents No.2 to 4.
In order to grant another opportunity to the writ petitioner,
registry will list this case on 26.02.2021."
4. On 26.2.2021, the following order was passed:
"List on 01.03.2021 as prayed for."
5. Despite service of notice, respondent No.1/writ petitioner has not entered
appearance.
6. I.A.No.1 of 2020 is an application seeking leave to appeal against the
order dated 19.02.2020 passed by learned single Judge in W.P.No.1235 of 2020.
7. The 1st respondent-writ petitioner society had called into question the
proceedings dated 16.08.2019, whereby, the writ petitioner-society was directed
to admit the present appellants, numbering 29, into the society. The list of 29
persons was enclosed along with the proceedings dated 16.08.2019. Though
the said order was assailed, the present appellants were not arrayed as party
respondents in the writ petition. In their absence, the writ petition was decided
holding that the Assistant Director of Fisheries, Chirala (respondent No.3 in the
writ petition) has no power to issue the proceedings dated 16.08.2019 directing
the writ petitioner to admit 29 members into the society. The appellants were
necessary parties having regard to the subject matter in dispute.
8. In view of the above, leave to appeal is granted. I.A.No.1 of 2020 is,
accordingly, allowed.
9. The order under appeal has adversely affected the interest of the
appellants and as the same was passed in violation of principles of natural
4 HCJ & CPK, J
WA No.370 of 2020
justice, the order dated 19.02.2020 passed by learned single Judge in
W.P.No.1235 of 2020 is set aside and the matter is remanded to the learned
single Judge for fresh disposal.
10. The appellants stand arrayed as respondents Nos.4 to 32 in the writ
petition. Registry will make necessary corrections in the cause-title of the writ
petition.
11. Accordingly, the writ appeal is allowed. No costs. Pending miscellaneous
applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
Nn
5 HCJ & CPK, J
WA No.370 of 2020
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
I.A.No.1 of 2020 In/and WRIT APPEAL No.370 of 2020
(per Arup Kumar Goswami, CJ)
Dt: 02.03.2021
Nn
