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2005 DIGILAW 182 (AP)

B. Seena Naik v. Asst. Director of Fisheries/ex-Officio Deputy Registrar of Co-operative Societies

2005-02-25

P.S.NARAYANA

body2005
( 1 ) SRI. Bhaskarachari, learned counsel representing the writ petitioners had pointed out that the impugned proceeding dated 05-12-1996 in Rc. No. 1421/96/d on the file of first respondent, which had been questioned in the present writ petition, is one made without any competency, authority or jurisdiction. The learned counsel pointed out that for admission of members, there is a procedure contemplated which is mentioned under Andhra Pradesh Cooperative Societies Act and the same has to be followed. The learned counsel also pointed out that at any rate, the Assistant Director of Fisheries, the first respondent Ex-Officio Deputy Registrar of Cooperative Societies, Anantapur, cannot issue such directions unless the procedure under the provisions of A. P. Cooperative Societies Act is followed. The learned counsel placed strong reliance on the decision of this Court in B. Giribabu vs. The Dist. Collector, Guntur 1996 (2)ALT 192 . ( 2 ) ON the contrary, learned Government Pleader for Fisheries had pointed out that in view of the Circular issued by the Commissioner of Fisheries vide Memo No. 26130/1 (i)83 dated 23-12-1983 and the guidelines specified therein, the present action had been initiated on the strength of the representation made by 27 fishermen. Learned Government Pleader also pointed to the several details, which had been narrated in the counter-affidavit filed in this regard. ( 3 ) THE writ petition is filed for issuance of a writ, order or direction preferably one in the nature of mandamus declaring the proceedings dated 05-12-1996 in Rc. No. 1421/96/d on the file of first respondent as illegal and arbitrary and pass such other suitable orders. The first respondent Assistant Director of Fisheries, Anantapur, had sent communication to the President, C. G. Project Fishermen Cooperative Society, C. G. Project dated 05-12-1996, which is impugned in this writ petition and the proceedings read as under: rc. No. 1421/96/d dated 05-12-1996 sir, sub: FISERIES Admission of 25 Fishermens as members in Fishermen Coop. Society, C. G. Project Regarding (Ref: 1) Lr. No. NIL/96 dt. 28-11-1996, Jr. Coop. Inspector of this office. (2) Lr. No. FCS/96 dt. 30-11-1996 of Asst. Inspector of Fisheries, Kadiri. In the above reference 1st cited, the Inspection of Junior Coop. Inspector examined and inspected the society members given a list of eligible members. In the reference 2nd cited the Asst. No. NIL/96 dt. 28-11-1996, Jr. Coop. Inspector of this office. (2) Lr. No. FCS/96 dt. 30-11-1996 of Asst. Inspector of Fisheries, Kadiri. In the above reference 1st cited, the Inspection of Junior Coop. Inspector examined and inspected the society members given a list of eligible members. In the reference 2nd cited the Asst. Inspector of Fisheries, Kadiri, has also inspected and recommended for admission of members in the above society. In view of circumstances explained above, the President, C. G. Project Fishermen Coop. Society is requested to admit the 25 members in the society and reported to this office immediately. The admission of members and resolution copy may be sent to this office immediately. A copy of the eligible members list is herewith enclosed. The specific stand taken by the learned Government Pleader for Fisheries is that in view of the fact that first respondent is also Ex-Officio Deputy Registrar of Cooperative Societies and in view of the Circular aforesaid, the first respondent is empowered to issue suitable direction and hence, the authority, competence or jurisdiction of the first respondent cannot be doubted in any manner. It is pertinent to note that Section 19 of A. P. Cooperative Societies Act specifies some procedure for admission of members. As can be seen from the averments made in the counter-affidavit, a representation was made to the first respondent by 27 fishermen seeking admission into C. G. Project Fishermen Cooperative Society and on the strength of the said representation, the impugned order was made. ( 4 ) ON a careful reading of the impugned proceeding, it is clear that the President of C. G. Project Fishermen Cooperative Society was requested to admit 25 members in the Society who were found eligible and report the matter to the office immediately about admission of members and Resolution copy may be sent to the said office immediately. In the light of the fact that some procedure is contemplated under Section 19 of the A. P. Cooperative Societies Act and in view of the decision of this court in B. Giribababu vs. The Dist. In the light of the fact that some procedure is contemplated under Section 19 of the A. P. Cooperative Societies Act and in view of the decision of this court in B. Giribababu vs. The Dist. Collector, Guntur (1 supra), the writ petition is disposed of with the following directions: the persons, who had approached the first respondent, are given liberty to file appropriate applications before the Society concerned in accordance with the procedure contemplated under the provisions of Andhra Pradesh Cooperative Societies Act, and the Society shall take a decision in this regard within a period of one month from the date of receipt of such applications from the said persons, and also to take appropriate further steps in this regard. The aforesaid direction would be just and proper in the circumstances of the case. It is needles to state that no specific orders need be made in respect of the impugned proceedings in the light of the clarification made by this Court by issuing the directions supra. The writ petition is accordingly disposed of. No order as to costs.