Potharam Fishermen Coop Society vs Mudiraj Sankshama Sangam
2023 Latest Caselaw 925 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.840 of 2022

JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


       Heard Mr. Ponnam Ashok Goud, learned counsel for

the appellant; Ms. P.Vijaya Laxmi, learned counsel for

respondent No.1/writ petitioner; and Ms. D.Pallavi, learned

Government Pleader for Fisheries appearing for

respondents No.2 to 4.

2. This intra-court appeal has been preferred by the

appellant society against the order dated 14.11.2022

passed by the learned Single Judge disposing of

W.P.No.40954 of 2022 filed by respondent No.1 as the writ

petitioner.

3. Respondent No.1 had filed the related writ petition

seeking a direction to the District Fisheries Officer, Jagtial

District, to conduct skill test to the members of respondent

No.1 for admission into appellant society along with

members of the appellant society.

4. We may mention that earlier appellant society had

approached this Court by filing W.P.No.38560 of 2022

seeking a direction to the District Fisheries Officer for

conducting skill test to admit 123 new members into the

appellant society in accordance with the Telangana

Cooperative Societies Act, 1964, and the bylaws of the

society. This Court by order dated 17.10.2022 noticed that

appellant society had already admitted 123 members and

had requested for skill test. In view of the submission that

notice for skill test was not received by the appellant

society or its members, a direction was issued to District

Fisheries Officer to issue fresh notice to the appellant

society and its members in respect of whom the skill test

had to be conducted by specifying the date and time of the

skill test and to conduct the test afresh.

5. It was thereafter that the related writ petition came to

be filed by respondent No.1. It was contended before the

learned Single Judge that respondent No.1 comprises of 70

odd members, all natives of Sandralapally Village. Because

of development of the Potharam tank and increase in the

extent of the tank, feasibility of fishing operation has also

increased. Respondent No.1 had submitted representation

before the District Collector to admit them as members of

the appellant society. Though District Fisheries Officer

had issued letter to the appellant society to conduct a

meeting and to pass resolution for holding skill test to

enable the members of respondent No.1 to participate in

the skill test, the skill test could not be conducted. It was

noted that in W.P.No.38560 of 2022 a direction was issued

for holding skill test for members of appellant society.

Learned Government Pleader for Fisheries had informed

that though skill test was proposed to be held on

28.06.2022, because of non-attendance, the same was not

conducted. It was thereafter pointed out that the skill test

would be conducted in accordance with the directions of

this Court in W.P.No.38560 of 2022. In the facts and

circumstances of the case, learned Single Judge directed

the District Fisheries Officer to consider and issue a notice

to members of respondent No.1 as well for attending the

skill test which was proposed to be held consequent upon

earlier order of this Court dated 17.10.2022, further

directing that depending upon outcome of the skill test to

consider the applications of the members of respondent

No.1 along with 123 aspirants seeking membership of

appellant society.

6. Learned counsel for the appellant has raised a

grievance that appellant society which was arrayed as

respondent No.4 in the writ proceedings ought to have

been heard before the aforesaid direction was issued.

7. Learned Government Pleader for Fisheries has placed

before us a copy of the proceedings dated 15.02.2023 of

the District Fisheries Officer as per which the skill test

committee proposed 123 qualified members into the

appellant society. Commissioner of Fisheries had also

permitted enrolment of 123 skill test qualified members as

members of the appellant society.

8. There is nothing on record to show that members of

respondent No.1 have qualified in the skill test. In fact,

grievance of the appellant society is that without

approaching the appellant society and bypassing the

appellant society, respondent No.1 had approached the

District Collector for enrolment as members of the

appellant society.

9. If this is the position, we are of the view that the

appellant society, which was arrayed as respondent No.4 in

the writ proceedings, ought to have been heard by the

learned Single Judge before disposing of the writ petition

filed by respondent No.1 with a positive direction.

10. We, therefore, set aside the order dated 14.11.2022

and remand W.P.No.40954 of 2022 to the learned Single

Judge having roster for a fresh decision in accordance with

law after giving due opportunity of hearing to all the

contesting parties.

11. Writ appeal is accordingly allowed.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ N. TUKARAMJI, J 23.02.2023 vs