Telangana High Court
WP/2012/2005 of Fisheries Cooperative Society Ltd, Vs The Commissioner, Department of Fisheries, on 27 December 2005
SRI JUSTICE V.ESWARAIAH Date:27-12-2005 WRIT PETITION No. 2012 OF 2005 BET WEEN: Fisheries Co-operative Society Ltd., Malchalma (Village) Zaheerabad Mandal, Medak District, rep. by its President Shaik Nizamuddin. …Petitioner And The Commissioner, Department of Fisheries, Mastya
THE HONOURABLE SRI JUSTICE V.ESWARAIAH
--Date:27122005
WRIT PETITION No. 2012 OF 2005
BET WEEN:
Fisheries Co-operative Society Ltd., Malchalma (Village) ZaheerabadMandal, Medak District, rep. by its President Shaik Nizamuddin.
…Petitioner
And
The Commissioner, Department of Fisheries, Mastya Bhavan,Santhinagar Colony, Hyderabad & others.
…Respondents
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ORDER:
Heard the learned counsel appearing for the petitioner as well as thelearned Government Pleader.
The petitioner questions the notice dated 22-01-2005 issued by thethird respondent informing the petitioner society about conducting the skill test by three man committee and submitting report to the firstrespondent on the ground that the department cannot conduct theproposed skill test and it is for the society to admit or not to admit anymember and there is no sufficient water area and viability giving riseto admit any more members.
A counter has been filed by the respondents stating that thepetitioner society was originally registered with 15 members, out ofthem, 3 members died and the area of operation of the petitionersociety is Malchelma of Zaheerabad Mandal, which extends to thetanks of Veeranna Vagu project, Siddi Cheruvu and SeethammaCheruvu and the total water spread area is 179 acres. It is furtherstated that the petitioner society passed a resolution on 14-12-2002for admission of 13 persons into the society. A committee wasconstituted by the Commissioner of Fisheries to conduct a skill testfor admission of the said 13 persons as recommended by theGeneral Body, but so far, except conducting the skill test, the said 13persons have not been enrolled as members. It is further stated thatsome 32 other persons also filed representation, requesting to enrollthem as members of the society. Accordingly, the second respondentdirected the Fisheries Development Officer, Sangareddy to conduct askill test, but he did not conduct any skill test and not submitted thereport. Therefore, the impugned notice dated 22-1-2005 has beenissued to conduct a skill test on 10-2-2005 and at the request of thepresident of the petitioner society, the date of skill test was changedto 12-2-2005. The committee conducted the skill test in respect of 32persons and the persons proposed by the president of the petitionersociety have not attended the said test. As per the norms, 59 personscan be accommodated in said society. Presently 12 members areexisted in the society and therefore, admission of 32 persons whohave passed the skill test is within the permissible limits andtherefore, it cannot be said that admission of any more members isnot viable.
In view of the aforesaid counter and having regard to the facts andcircumstances of the case, I do not find any infirmity or irregularity legal or otherwise in the impugned notice issued by the 3[rd]respondent for conducting skill test for the said 32 persons. I do notsee any merits in the writ petition.
Accordingly, the writ petition is dismissed. No costs.
________________
V.ESWARAIAH, J
Date: 27-12-2005.
Shr.