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2024 DIGILAW 733 (AP)

Fishermen Co. Op. Society Ltd. v. State of AP

2024-07-03

TARLADA RAJASEKHAR RAO

body2024
ORDER : (Tarlada Rajasekhar Rao, J.) 1. The present Writ Petition is filed under the Constitution of India for the following relief/reliefs: "..pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in issuing the impugned notice/order vide Rc.No.871/D/2022, Dt.20.04.2023 to conduct skill test on 09.05.2023 at Y.T. Cheruvu (V), Guntakal (M), Anantapuram District to the admission of new members into the Fishermen Co. Op Society Ltd., Y.T. Cheruvu (V), Guntakal (M), Anantapuram District as bad, illegal and contrary to Sec. 19 of Andhra Pradesh Co-operative Societies Act, and apart from violation of Principles of natural Justice and Arts. 19 and 21 of constitution of India and consequently set aside the same and to pass..... 2. The present Writ Petition is filed by the Petitioner i.e. Fishermen Cooperative Society Limited (Registered No.1353), Y.T. Cheruvu Village, Guntakal Mandal, (hereinafter called as Society) assailing the proceedings in R.C. No.871/D/2022, dt.20.04.2023, wherein 4th respondent i.e. The District Fisheries Officer-cum-Deputy Director of Fisheries, addressed a letter to the Divisional Cooperative Officer, Anantapur, and marked a copy to the Petitioner Society "to conduct skill test to the Organization of new Fishermen Cooperative Society". 3. 3. The said proceedings were assailed in the present Writ Petition asserting that the Society was registered in the year 1951, comes under the provisions of Andhra Pradesh Cooperative Societies Act, 1964 (hereinafter called "Societies Act" for brevity) and the Society is having only one tank which is known as Yerra Thimmaraju Cheruvu/Y.T. Cheruvu, Y.T. Cheruvu Gramapanchayat and the Society consists of 186 members and the society is being maintained by the Managing Committee duly elected by the general members of the Society and the Society is obtained lease of fishery rights from the Fisheries Department, Anantapuram, and there are 106 old members and subsequently Petitioner-society received applications from 80 genuine fishermen including legal representatives of deceased members of the Society and the viability of the said Y.T. Cheruvu is sufficient to the members of the society and the society is running without any inter se disputes in between members of the society and it is pertinent to submit that where the 4th respondent want to conduct skill test for the members to admit into the petitioner-society who were made applications to the society and the same was rejected by the society under Section 19 of the Societies Act. And they have not challenged the same before the Tribunal under Section 76 of the Act and no applications/J-Forms are pending before the petitioner- society. And admission of new members into the petitioner-society is not viable and therefore prayed to set aside the proceedings dated 20.04.2023 issued by the 4th respondent to conduct skill test to the organization of the fishermen society. 4. And admission of new members into the petitioner-society is not viable and therefore prayed to set aside the proceedings dated 20.04.2023 issued by the 4th respondent to conduct skill test to the organization of the fishermen society. 4. Pending the Writ Petition, I.A. No.3 of 2023 is filed to implead the party respondents as respondent Nos.6 to 129 on the ground that they have made an application to the respondents under Section 19(2) A to admit them as members of the Petitioner- Society as the tank consist cultivable land of 887.39 acres/335 hectors and as per the G.O.Ms.No.74 Animal Husbandry (AHDD) and Fisheries [F-II] dated 21.10.2011 issued by the Government of Andhra Pradesh, for admission of the new membership into the existing society is one hectare for one applicant irrespective of seasonality of the Tank and the petitioner society is having only 97 members and the projection of non availability of said Tank, by the petitioner-society is not true and correct and therefore greatly effecting their right to life and if they are not admitted or inducted to the petitioner-society, they are unable to survive their life and which amounts to depriving their life to live guaranteed under Section(sic article) 21 of the Constitution of India, and impugned order passed by the 4th respondent is in consonance with the letter and spirit of Section 19 (2A) and Rule 12 A of the Society Act. And sending of Farm-J only arises after conducting the skill test. Therefore, prayed to allow the I.A. filed for implead the proposed respondents as respondent No.6 to 126 and admit them as members in the petitioner-society. Their admission would not cause any prejudice or beyond viability in pursuance of the G.O.Ms.No.74 dated 21.10.2011 and still there is a feasible and viable for admission of 229 new members include them as members at the rate of one hectare per member into existing petitioner-society. And learned counsel appearing for the proposed respondents also filed a revenue record which manifests that an extent of 887.39 acres of land is viable for fish cultivation in Survey No.732. 5. And learned counsel appearing for the proposed respondents also filed a revenue record which manifests that an extent of 887.39 acres of land is viable for fish cultivation in Survey No.732. 5. The Fisheries Development Officer, who is arrayed as respondent No.5 has filed counter denying all the averments made in the Writ Affidavit and stated that the total water spread area of the tank Y.T. Vheruvu is 335 hectares and as per the G.O.Ms.No.74 AH, DD & Fisheries (F.II) Department, dated 21.10.2011, the criteria for admission of new membership in to the existing society is one hectare for one applicant irrespective of seasonality of the tank and the 4th respondent has addressed a letter to the 2nd respondent to depute an observer to oversee the skill test for admission of the new members into the petitioner- society and in turn 2nd respondent had appointed Assistant Director of Fisheries, Sri Satya Sai District, as an observer to oversee the entire skill test process. And 130 members who are residing in the area of operation of the said society as per Section 19 of the Societies Act. Accordingly, the 4th respondent has issued notice to the petitioner-society with duly intimating that, skill test has to be conducted on 24.01.2023 and the society has rejected the applications without any specific cause as per Section 19(3) of the Societies Act. And still there is a feasibility to accommodate 158 members in the Petitioner-Society in pursuance of G.O.Ms.No.74, dated 21.10.2011. And admitting the petitioner is not contrary to Section 19(2A) and Rule 12A of the Societies Act. And there is no need to send proposed applications along with J- Form with society before conducting of skill test and the Registrar has power to order Society to conduct skill test for admission of new members in existing society as per Section 19(2A) and Rule 12A of the Societies Act. And rejecting of the conducting skill test by the Society, 130 new members has approached the Registrar under Section 19(2A) to admit them as Members of the Society. And the Registrar has been processed the applications for conducting of skill test as per the G.O.Ms.No.74, dated 21.10.2011. 6. Heard Smt. I.K. Annapurna, learned counsel for the Petitioner, Sri Maheswara Rao Kuncheam for proposed respondents, and Government Pleader for official respondents. 7. And the Registrar has been processed the applications for conducting of skill test as per the G.O.Ms.No.74, dated 21.10.2011. 6. Heard Smt. I.K. Annapurna, learned counsel for the Petitioner, Sri Maheswara Rao Kuncheam for proposed respondents, and Government Pleader for official respondents. 7. After giving thoughtful and anxious consideration to the submissions made by both learned counsel for the petitioner and respondents and after perusing the provisions of the Act and G.O.Ms.No.74, it is the contention of the petitioner-Society that the Y.T. Cheruvu Tank is viable and feasible to certain extent of members and if any extra members admitted into the society could not feasible and viable to the other members and the proposed respondents already made an application to admit them into the society and the same was rejected and have not challenged the said rejection order as contemplated under the law and the society has the power to reject admission to new members. Accordingly, they were rejected. Therefore, any test conducts for admission of the new members into the society would affect their right to life and Y.T. Cheruvu is feasible and sufficient to the existing members and not for new members. Therefore conducting a skill test is not essential and therefore prayed to allow the Writ Petition. 8. Demurer/oppugnation, the conditions raised by the proposed respondents would submit that the cultivable land of the tank is almost 889 acres in pursuance to the G.O.Ms.No.74 dated 21.10.2011, one member one hectare, if the principle of one hectare per one applicant is applied in pursuance of the G.O.Ms.No.74, the Society can accommodate 359 members and admitting 130 members of the proposed respondents would not cause any non viability and in order to dominate/ monopolize the petitioner-society, the proposed respondents are denying admission as members of the society and would pray to dismiss the Writ Petition and the similar grounds were raised by the official respondents. 9. Rule 12A of the Andhra Pradesh Cooperative Society Rules, (hereinafter called the rules) postulates that any person duly qualified for admission as a member under sub-Section 2A of Section 19 of the Societies Act, may apply for membership in Form-J. 10. 9. Rule 12A of the Andhra Pradesh Cooperative Society Rules, (hereinafter called the rules) postulates that any person duly qualified for admission as a member under sub-Section 2A of Section 19 of the Societies Act, may apply for membership in Form-J. 10. Relevant clauses of Section 19 of Societies Act are hereby extracted for proper appreciation of the case: Sub-Section 2A of Section 19: Any person duly qualified for admission as a member under the provisions of this Act, the rules and the by-laws, may apply through the Registrar for membership of such societies and in such forms as may be prescribed and such person shall be deemed to have been admitted as a member of the society from the date of receipt of the application in the office of the society. Sub-Section (2-B) of Section 19: Notwithstanding anything in this Act, the Registrar may either suo motu at any time or on any application by the society or any aggrieved person made within fifteen days from the date mentioned in sub- section (2-A) and after giving an opportunity to the person concerned and recording the reasons therefor declare such person as not eligible for membership of the society within thirty days from the date of receipt of the application by the Registrar. Sub-Section (3) of Section 19: The managing committee of the society shall not without sufficient cause, refuse admission to membership to any person duly qualified therefor under the provisions of this Act and its bye-laws. Where admission is so refused, the decision, with reasons therefor, shall be communicated by the registered post to such person within fifteen days of the date of the decision, or within sixty days from the date of his application for membership, whichever is earlier. 11. G.O.Ms.No.74, Rule 4 Clause C) postulates that the following tests are necessary to admit a new member i.e. 1. Operation of the cast net 2. Operation of the drag net 3. Operation of the Gill net & teppa/coracle, 4. Test to confirm the swimming ability and 5. Net mending. 11. G.O.Ms.No.74, Rule 4 Clause C) postulates that the following tests are necessary to admit a new member i.e. 1. Operation of the cast net 2. Operation of the drag net 3. Operation of the Gill net & teppa/coracle, 4. Test to confirm the swimming ability and 5. Net mending. Under clause G) of Rule 4 of G.O.Ms.No.74, Animal Husbandry, Dairy Development & Fisheries (F.II) Department, dated 21.10.2011, which reads as under: G) SELECTION OF APPLICANTS: At the first instance all those applicants from the communities listed in the G.O. 1st read above (and Gangaputras), who possess the skills (as per the five tests prescribed above) and residing in the area of operation of the proposed (of existing society in case of bifurcating) Society, and not intelligible as per 4(b) of model bye-laws, Sec 19 and 21 of APCS Act 1964 should be provisionally selected. If the number of such skilled applicants is more than the viability norm (one ha/beneficiary) the following selection process should be adopted in order of priority: (i) Poorest of the poor (POP) among the applicants. (POP list is available with the IKP/SERP officials) (ii) Even after the above step, if the number is still more than the norm of one hectare water spread area per member, the age criteria should be followed eliminating people of higher age group to start with (for example 60 years to be eliminated in preference to 50 years and so on) The District Fisheries officer shall send the proposal for the formation of the Fishermen's Cooperative Society along with the video recording and proceeding of the three men committee to the Commissioner of Fisheries. The Observer shall submit his report on the entire selection process independently to Commissioner of Fisheries. 12. On careful perusal of the provisions of the Act and G.O.Ms.No.74, the Registrar as well as the society is the competent authority to admit the new members into the society. To admit into the petitioner society the new member should know to operate nets. Therefore, the new member have invariable undergo a test to admit or induct into the Society. In pursuance of the said G.O., the 4th respondent has entrusted the work to the Divisional Cooperative Officer and to the President, society to conduct a skill test to be conducted on 19.05.2023 at Y.T. Cheruvu village, Guntakal Mandal. Therefore, the new member have invariable undergo a test to admit or induct into the Society. In pursuance of the said G.O., the 4th respondent has entrusted the work to the Divisional Cooperative Officer and to the President, society to conduct a skill test to be conducted on 19.05.2023 at Y.T. Cheruvu village, Guntakal Mandal. Merely, conducting a skill test that does not mean that the new members have been admitted into the society. The conducting of skill test in common parlance is one of the eligibility conditions to a post. More so test is necessary because the job requires courage, onerous physical tasks, and so on, cannot obstruct for conducting skill test on the ground they have already rejected. The impugned proceedings which shows that the 4th respondent has ordered to conduct a test to the new members. The society cannot be aggrieved if test is conducted for new members. Conducting test does not necessarily mean that they have been admitted. Therefore, the apprehension of the petitioner-society is misconceived the proceedings which categorically speaks that to conduct the skill test which is essential to admit into a member of the Society. No legal right of petitioner has been infringed. Hence, this Court found no reasons to allow the Writ Petition, as the proceedings are issued only to conduct the test not to admit or induct into the society. 13. Accordingly, Writ Petition is dismissed. No order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed.