Telangana High Court
WP/24969/2004 of Potluri Poliswamy, Vs Deputy Director Fisheries on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 24969 of 2004 Between: Potluri Poliswamy, S/o. Brahmaiah, aged 34 years, Nidumolu, Movva
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION NO : 24969 of 2004
Between:
Potluri Poliswamy, S/o. Brahmaiah, aged 34 years,Nidumolu, Movva Mandal, Krishna District.
AND
..... PETITIONER
1. Deputy Director Fisheries,
Ex-official Joint Registrar Fishermen
Co-op Societies, Krishna District.
2. Assistant Deputy Director of Fisheries, Fisheries Department, Machilipatnam.
3. The Nidumolu Fisherman Co-op Society, Regd. No. E-75 Nidumolu Village, Movva Mandal, Krishna District, Rep. by its President, Eede Hanumantha Rao.
....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a writ, order or direction more particularly one in the nature of writ ofMandamus declaring the action of the respondents in not granting admissions as members of the 3rd respondent society. Inspite of the report dt. 13-10-2004submitted by the Assistant Inspector of Fisheries, Challapalli, Krishna District asarbitrary, illegal and contrary to the provisions of the A.P. Co-operative Societies Act,1964 and pass such other order or orders.
Counsel for the Petitioner: MR.B.SOMASEKHAR
Counsel for the Respondents 1 & 2: GP FOR FISHERIES
The Court at the admission stage made the following:
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ORDER:
The writ petition is filed to declare the action of the respondents in not grantingadmissions as members of the 3[rd] respondent society in spite of the report dated13.10.2004 submitted by the Assistant Inspector of fisheries, Challapalli, KrishnaDistrict, as arbitrary and illegal and contrary to the provisions of the A.P. Co-operative societies Act, 1964.
2. Learned counsel for the petitioner contended that the petitioner and other eligiblecandidates have to be admitted as members of the 3[rd] respondent society as theyare fully eligible and qualified. Therefore, he prays to issue necessary directions.
3. On the other hand, the learned Government Pleader opposed the same. Whetherthe petitioners can be admitted into the society or not is required to be decided anddetermined by the respondents in accordance with the rules and regulations.
4. Hence, a direction can be given to the respondents to consider the feasibility ofthe petitioner to admit into the society in accordance with the rules and regulations.the petitioner to admit into the society in accordance with the rules and regulations.
5. The writ petition is, accordingly, disposed of. No costs.
Date: 31[st] December 2004.
BSB
____________
K.C.BHANU,J.
To
// TRUE COPY //
SECTION OFFICER
1. The Deputy Director Fisheries,
Ex-official Joint Registrar FishermenCo-op Societies, Krishna District.
2. The Assistant Deputy Director of Fisheries, Fisheries Department, Machilipatnam.
3. The President, Nidumolu Fisherman Co-op Society,Regd. No. E-75 Nidumolu Village, Movva Mandal, Krishna District,
4. Two CCs to the Government Pleader for Fisheries, High Court of A.P.,Hyderabad (OUT).
5. Two CD copies