The Fishermen Cooperative ... vs Mekala Ramulu And 15 Others
2021 Latest Caselaw 3076 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                     AND
        THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY



                   WRIT APPEAL No.925 of 2019


JUDGMENT:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 23.10.2019 in W.P.No.22554 of 2019.

     The facts of the case reveal that the writ petition

was preferred by the respondents No.1 to 10 herein/writ

petitioners making a prayer for issuance of direction to

the Assistant Director of Fishermen/Ex-Officio, Deputy

Registrar of Fishermen Cooperative Societies Nizamabad,

Nizamabad District, to consider their representations in

respect of membership/fishing rights. The writ petition

was disposed of at motion hearing stage itself by the

learned Single Judge with a direction to the respondent

authorities to consider the writ petitioners'

representation dated 24.07.2019, subject to payment of

requisite charges.

Learned counsel for the appellant has argued before

this Court that the appellant, Fishermen Co-operative

Society, was a necessary party as its rights and interest

are being affected in the matter and, in all fairness, the

appellant should have been heard in the matter. He has

stated that as the order has been passed without hearing

the appellant, the matter be remanded back to the

learned Single Judge to hear the appellant also and to

pass appropriate orders.

Learned counsel appearing for the other side has

also fairly agreed to the same proposition.

Resultantly, the writ appeal stands disposed of and

the order passed by the learned Single Judge is set aside.

It is needless to mention that the present appellant was a

party in the writ petition. However, without any notice to

the appellant, the writ petition was disposed of.

Resultantly, the learned Single Judge is requested to

pass appropriate orders on merits afresh after hearing all

the parties.

Registry is directed to list the subject writ petition

along with W.P.No.1071 of 2012 before the learned Single

Judge having roster on 17.11.2021.

The miscellaneous applications pending in this

appeal, if any, shall stand closed. There shall be no

order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 28.10.2021 vs