Fishermen Co-operative Society Abhangapatnam Village, Rep. by its Secretary Battu Erra Sailoo v. Co-operative Appellate Tribunal
2026-01-23
T.MADHAVI DEVI
body2026
DigiLaw.ai
ORDER : T.MADHAVI DEVI, J. W.P.No.1071 of 2012 was filed seeking a Writ of Certiorari to call for the records in C.T.A.No.79 of 2009 dated 29.01.2011 passed by respondent No.1-the Cooperative Appellate Tribunal, arising out of proceedings No.515/B/2006 dated 02.02.2009 of respondent No.2-the Assistant Director of Fishermen/Ex-Officio-Deputy Registrar of Fishermen Cooperative Societies, Nizamabad, and to quash the same as illegal, arbitrary, mala fide and violative of the principles of natural justice and consequently to allow C.T.A.No.79 of 2009 on the file of respondent No.1 and to pass such other order or orders. 2. Brief facts leading to the filing of W.P.No.1071 of 2012 are that the petitioner-Fishermen Cooperative Society of Abhangapatnam Village was formed in the year 2003 and had two tanks, namely Kadi Cheruvu and Yerrakunta, under its operation for fishing. The Fisheries Department leased out Kadi Cheruvu to the petitioner-society for fishing purposes. Another society, namely the Fishermen Cooperative Society of Abbapur Village, Navipet Mandal, Nizamabad District, wanted to be formed and some members belonging to Fishermen community of Abbapur Village, requested to give share in the fishery wealth of Kadi Cheruvu tank and they filed a petition before respondent No.2 seeking formation of a separate society. Respondent No.2 rejected the proposal of the fishermen of Abbapur Village for a separate society on the ground that it was not feasible to form a separate society due to scant water resources available to them, but directed the petitioner-society to admit the fishermen of Abbapur vide proceedings No.515/B/2006 dated 02.04.2007. Aggrieved by the same, the petitioner-society filed C.T.A.No.34 of 2007 before the Cooperative Tribunal, Hyderabad, and vide order dated 03.10.2008, the Tribunal had set aside the order dated 02.04.2007 passed by respondent No.2 and remanded the matter to respondent No.2 to pass fresh orders after giving opportunity to both sides. 2.1 Pursuant to the orders of the Tribunal, respondent No.2 passed order in proceedings No.515/B/2006 dated 02.02.2009 amending Bye- law No.1 of the petitioner-society, which prescribes the area of operation of the society by extending it to both the villages, namely Abhangapatnam and Abbapur, thereby facilitating the fishermen of Abbapur Village also to join as members of the petitioner-society. Challenging the same, the petitioner-society filed C.T.A.No.79 of 2009 before respondent No.1.
Challenging the same, the petitioner-society filed C.T.A.No.79 of 2009 before respondent No.1. 2.2 While disposing of C.T.A.No.79 of 2009, the Tribunal observed that Abhangapatnam Village has Kadi Cheruvu under its operation, which consisted of water spread area of Acs.84.36, out of which Acs.44.28 belonged to Abbapur Village. It was further observed that Abbapur Village has seven tanks with a total water spread area of only Acs.35.76, and that the water in these bodies is seasonal not perennial. The Tribunal also noted that Abhangapatnam Village has another tank, Yerrakunta, with a water spread area of Acs.22.14. Observing that the fishermen of Abbapur Village were making efforts to form a separate society and considering the contention of the petitioner-society before respondent No.2 that the fishermen of Abbapur Village cannot be made as members of the petitioner-society and that the petitioner-society was reluctant to admit them as members, the Tribunal felt that a separate society has to be organized for the fishermen of Abbapur Village. The Tribunal thus observed that when the water resources of Abhangapatnam and Abbapur Villages were deleted from the parent society, namely FCS Gundaram, it was the bounden duty of the Department of Fisheries to provide livelihood to the fishermen by allotting any of the available nearby water bodies and that the fishermen cannot be left in the lurch without livelihood and without membership in any existing society. 2.3 Accordingly, the Tribunal dismissed C.T.A.No.79 of 2009 with an observation that issuance of membership to fishermen is different from that of the area of the operation of the society as prescribed in Bye-law No.1 and that it was open to respondent No.1 therein/respondent No.2 herein to decide the number of fishermen to be admitted from Abbapur Village into FCS Abhangapatnam, depending on the eligibility of the existing members of FCS Abhangapatnam and the eligibility of the proposed members/fishermen from Abbapur, in accordance with the viability norms fixed by the Commissioner of Fisheries and the water spread area available in the tanks of Abhangapatnam and Abbapur Villages, as per the amended Bye-law No.1 issued in proceedings No.515/B/2006 dated 02.02.2009. Challenging the said order, W.P.No.1071 of 2012 is filed by the FCS Abhangapatnam. 3. Vide order dated 19.01.2012 in W.P.M.P.No.1323 of 2012 in W.P.No.1071 of 2012, this Court granted interim suspension of the impugned proceedings No.515/B/2006 dated 02.02.2009. 4.
Challenging the said order, W.P.No.1071 of 2012 is filed by the FCS Abhangapatnam. 3. Vide order dated 19.01.2012 in W.P.M.P.No.1323 of 2012 in W.P.No.1071 of 2012, this Court granted interim suspension of the impugned proceedings No.515/B/2006 dated 02.02.2009. 4. Respondent No.2-the Assistant Director of Fisheries, filed a counter affidavit along with a stay vacate petition. It is stated that the direction of respondent No.1 to grant admission to the fishermen of Abbapur Village into the petitioner-society was given only after examining the water spread area available with the Fishermen Cooperative Society of Abhangapatnam and Abbapur Villages, as per the amended Bye-law No.1 issued in proceedings No.515/B/2006 dated 02.02.2009. It is further stated that there are eight tanks in Abbapur Village and therefore, a separate society of its own can be formed without seeking inclusion in the petitioner-society. It is also stated that Acs.44.28 of land of Abbapur Village has submerged into Kadicheruvu and therefore, the revenue rights of the Fishermen of Abbapur Village cannot be denied or written off by any authority, as it is a matter of natural justice to enjoy the resources falling within the revenue/geographical jurisdiction of an individual, society or village as a whole. It is stated that since Acs.44.28 out of Acs.84.36 of Kadi Cheruvu belong to Abbapur Village, the Tribunal has also directed the respondents to grant membership to the fishermen of Abbapur Village and therefore, the interim order is liable to be vacated. 5. While the matter stood thus, the Government of Telangana has undertaken the construction of Yerrakunta Reservoir over more than 2000 acres of land, subsuming Kadi Cheruvu and other surrounding tanks. The Government has also issued G.O.Ms.No.74, Irrigation & CAD (LA.R&R/A2) Dept. dated 14.08.2018, providing that when smaller water bodies are subsumed and are no longer in existence, the Fishermen Cooperative Societies, earlier holding lease on such bodies, shall cease to exist and the fishing rights of such water bodies may be extended to the project-affected families who express interest in undertaking fishing as their livelihood activity, along with members of Fishermen Cooperative Societies of the subsumed smaller water bodies, through the licensing system. 6.
6. In these circumstances, some of the fishermen, who are project- affected persons belonging to Abbapur Village, filed W.P.No.22554 of 2019 seeking a Writ of Mandamus declaring the inaction on the part of respondent No.4 in granting licences to the petitioners therein for fishing rights in Yerragunta Reservoir, as per G.O.Ms.No.74, Irrigation & CAD (LA.R&R/A2) Dept. dated 14.08.2018, as illegal and unjust and consequently to direct the respondents to issue licences to the petitioners for fishing rights in Yerragunta Reservoir and to pass such other order or orders. 7. The petitioners in W.P.No.22554 of 2019 stated that the society in operation prior to the issuance of G.O.Ms.No.74, was the Abhanghapatnam Fishermen Cooperative Society and that as per the said G.O., the society must be disbanded and licensing system should be introduced, providing fishing rights to the project-affected families. Accordingly, the petitioners have submitted representations and had sought a direction to the respondents to consider the representations. 8. This Court, vide orders dated 23.10.2019, disposed of W.P.No.22554 of 2019, directing the respondent authorities to consider the representation of the petitioners dated 24.07.2019 and to pass necessary orders thereon, subject to payment of requisite charges as may be determined. 9. Aggrieved by the order dated 23.10.2019, respondent No.7- Fishermen Cooperative Society, Abhangapatnam in W.P.No.22554 of 2019, filed W.A.No.925 of 2019. Vide order dated 28.10.2021, the Division Bench of this Court has set aside the order dated 23.10.2019 and directed the learned Single Judge to pass appropriate orders on merits afresh after hearing all the parties and further directed that W.P.No.22554 of 2019 be listed along with W.P.No.1071 of 2012. 10. In the meantime, the Fishermen Cooperative Society, Abhanghapatnam, submitted that in spite of stay granted by this Court in W.P.No.1071 of 2012, the official respondents therein were neither receiving the lease amount nor granting permission to catch fish from Kadi Cheruvu and Yerrakunta tanks. Therefore, they approached this Court by filing W.P.No.21781 of 2022, seeking a direction to the respondents No.2 & 3 to receive the lease amount for the year 2021-22 and to grant permission to catch fish in Yerrakunta and Kadi Cheruvu tanks situated in Abhangapatnam Village, pursuant to their representation dated 26.11.2021. 11.
Therefore, they approached this Court by filing W.P.No.21781 of 2022, seeking a direction to the respondents No.2 & 3 to receive the lease amount for the year 2021-22 and to grant permission to catch fish in Yerrakunta and Kadi Cheruvu tanks situated in Abhangapatnam Village, pursuant to their representation dated 26.11.2021. 11. Vide order 29.04.2022, W.P.No.21781 of 2022 was disposed of, directing respondent No.2 therein to consider the representation of the petitioner-society dated 26.11.2021 and to pass necessary orders thereon within a period of four (04) weeks from the date of receipt of a copy of the order. 12. In response to the representation of the petitioner-society, respondents No.2 to 5 informed that, vide impugned order No.316/D/2022 dated 01.06.2022, the registration of the petitioner- society had been cancelled vide proceedings No.316/D/2021 dated 27.04.2022 on the grounds that the petitioner-society was not conducting elections and was not acting in accordance with the provisions of the Telangana Cooperative Societies Act, 1964, and further that Kadi Cheruvu and Yerrakunta tanks situated in Abhanghapatnam Village, as well as the tanks situated in Abbapur Village, have merged into the Yerrakunta Balancing Reservoir and also that the membership was not being granted to the Fishermen of Abbapur Village. It is stated that the cancellation of the registration of the society was not communicated to the petitioner-society by any mode. Though the petitioner-society requested a copy of the cancellation order, the same was not furnished. Thereafter, challenging the cancellation order, W.P.No.26616 of 2022 has been filed. 13. W.P.No.26616 of 2022 was also directed to be listed along with W.P.No.1071 of 2012. 14. Respondent No.3 in W.P.No.26616 of 2022 has filed a counter affidavit stating that petitioner-society was de-registered vide proceedings dated 27.04.2022 and the same was intimated to the society vide letter in Lr.No.316/D/2022 dated 01.06.2022. It is stated that, since FCS Abhanghapatnam is no longer in existence, the question of leasing of tanks to the society does not arise. It is further stated that necessary notices were issued to the society prior to de- registration and therefore the society has been de-registered only after following due process. It is also stated that, in view of the construction of Yerrakunta Reservoir, the lease cannot be granted to the society for fishing rights in the reservoir. 15.
It is further stated that necessary notices were issued to the society prior to de- registration and therefore the society has been de-registered only after following due process. It is also stated that, in view of the construction of Yerrakunta Reservoir, the lease cannot be granted to the society for fishing rights in the reservoir. 15. While the matter stood thus, the Fishermen Cooperative Society, Abhangapatnam, filed W.P.No.6671 of 2025 seeking Writ of Mandamus declaring proceedings No.744/D/2024 dated 21.02.2025 issued by respondent No.4 as illegal, arbitrary, unconstitutional and also in violation of the principles of natural justice and consequently to set aside the same and to pass such other order or orders. 16. The petitioner-society is challenging the action of respondent No.4 in proposing the forming of a new Fishermen Cooperative Society in the name of Yerrakunta Reservoir at Abbapur Village, based on the representation made by the fishermen of Abbapur Village with 122 members and in inviting objections regarding correction of the area of operation of the Fishermen Cooperative Society of Abhangapatnam Village. 17. The grievance of the petitioner-society is that, without considering the fact that the petitioner-society was already established vide Registration No.365/D/2003 dated 29.02.2003 by respondent No.4 and has been functioning in accordance with the Rules and Regulations and that Yerrakunta Tank and Kadi Cheruvu tank fall within the area of operation of the petitioner-society. Respondent No.4 has initiated steps for forming of a new fishermen society at Abbapur village, which is unwarranted. It is submitted that vide proceedings dated 21.02.2025 , the Assistant Director of Fisheries called for objections, if any, from the villages of Abbapur and Abhangapatnam for formation of a society comprising of fishermen from both the villages i.e., Abbapur and Abhangapatnam, with headquarter at Abbapur village, on the ground that a major portion of the water spread area, i.e., Ac.325.39 gts., falls within the Yerrakunta Reservoir and that Abbapur Village has a larger fishermen population, as per request made by the fishermen of Abbapur Village. 18. It is noticed that vide order dated 24.04.2025 in W.P.No.6671 of 2025, this Court had directed that W.P.No.6671 of 2025 be listed along with W.P.Nos.1071 of 2012, 22554 of 2019 and 26612 of 2022 and further directed the respondents not to take any decision about the formation of the new society pursuant to the notices dated 21.02.2025 and 07.03.2025. 19.
It is noticed that vide order dated 24.04.2025 in W.P.No.6671 of 2025, this Court had directed that W.P.No.6671 of 2025 be listed along with W.P.Nos.1071 of 2012, 22554 of 2019 and 26612 of 2022 and further directed the respondents not to take any decision about the formation of the new society pursuant to the notices dated 21.02.2025 and 07.03.2025. 19. The affected parties were subsequently impleaded in the writ petitions and have filed their respective counter affidavits. 20. Respondent No.3 in W.P.No.6671 of 2025 has also filed a counter affidavit stating that the water bodies and lands pertaining to Abbapur and Abhangapatnam Villages have been subsumed in the Yerrakunta Reservoir and that a total extent of Acs.325.39 gts., of Abbapur Village and Acs.98.14 gts. of Abhangapatnam Village has been subsumed in the said Yerrakunta Reservoir. Since a major portion of the water spread area was in Abbapur Village, a direction was given to form a single Fishermen Cooperative Society with its headquarter at Abbapur Village. It is further submitted that after expiry of the term of the Managing Committee of the Fishermen Cooperative Society, Abhangapatnam, the Commissioner of Fisheries, Telangana State, Hyderabad, appointed the Assistant Director of Fisheries, Nizamabad, as Person-in-Charge, vide proceedings No.2598/E2/2019 dated 12.07.2021, to manage the affairs of the society. It is stated that the Director of Fisheries, Nizamabad, has addressed letters to the former President of the Abhangapatnam Fishermen Cooperative Society calling upon him to hand over the records of the society but they were reluctant to do so. It is further stated that in spite of issuance of notices dated 14.07.2021, 05.10.2021 and 08.12.2021 by way of registered post for convening the General Body Meeting, the notices were rejected and returned. 20.1 It is stated that after election proposals were sent to the State Cooperative Election Authority, the said Authority has appointed an Election Officer for conducting elections vide proceedings No.1167/NZB/SCEA/2019, dated 04.04.2022. However, the society did not respond and did not participate in the election process, even after issuance of a letter to Fishermen Cooperative Society, with a copy marked to the Panchayat Secretary, Abhangapatnam Gram Panchayat, vide letter No.287/D/2022 dated 11.04.2022. It is stated that there is no provision for electing the Managing Committee by the members themselves without involving the Election Officer as per Section 31-B read with Rule 22 (8-A)(iii)(vi) of Telangana Cooperative Societies Act, 1964.
It is stated that there is no provision for electing the Managing Committee by the members themselves without involving the Election Officer as per Section 31-B read with Rule 22 (8-A)(iii)(vi) of Telangana Cooperative Societies Act, 1964. It is further stated that the society was de-registered during the year 2022 under Section 9(B) of the Telangana Cooperative Societies Act, 1964. It is submitted that the reservoir can accommodate 423 fishermen families and that Abhangapatnam Village has only 20 families as against 404 families of Abbapur Village. Therefore, it was prayed for vacating the interim order and to dismiss the writ petitions filed by the Fishermen Cooperative Society, Abhangapatnam. 21. The Fishermen Cooperative Society, Abhangapatnam, filed W.P.No.20127 of 2025 seeking a Writ of Mandamus declaring proceedings No.316/D/2022 dated 27.04.2022 issued by respondent No.4 as illegal, arbitrary, mala fide and in violation of principles of natural justice. 22. The proceedings dated 27.04.2022 were passed de-registering the Fishermen Cooperative Society, Abhangapatnam, on the ground that the area of operation of Fishermen Cooperative Society, Abhangapatnam Village, had been subsumed into the Yerrakunta Balancing Reservoir and that the tanks are no more in physical existence. 23. The members of Fishermen Cooperative Society, Abbapur, were also arrayed as respondents in the said Writ Petition. 24. Respondents No.7 to 16 have filed their counter affidavits. 25. Learned counsel for the petitioner–Fishermen Cooperative Society, Abhangapatnam, vehemently argued that the de-registration of the Fishermen Cooperative Society at Abhangapatnam was illegal and therefore was liable to be set aside and that the petitioner-society should be granted fishing rights over the waters of the Yerrakunta Reservoir. 26. Learned counsel for the unofficial respondents submitted that the order of de-registration is appealable under Section 76 of the Telangana Cooperative Societies Act, 1964 and further that due to merger and subsuming of both the water bodies under the operation of FCS Abhangapatnam into Yerrakunta Reservoir as per the provisions of G.O.Ms.No.74, a single Fishermen Cooperative Society has to be formed for both the villages. 27. Learned Government Pleader for Fisheries also contended that the lands of both the villages have been acquired and that most of the water tanks have been subsumed under the Yerrakunta Reservoir.
27. Learned Government Pleader for Fisheries also contended that the lands of both the villages have been acquired and that most of the water tanks have been subsumed under the Yerrakunta Reservoir. It is further submitted that there is sufficient water spread area in the reservoir to accommodate the fishermen of both the villages and therefore, a new and single Fishermen Cooperative Society is required to be formed and licences are required to be issued to the Fishermen Cooperative Society as well as the project-affected/displaced persons in accordance with G.O.Ms.No.74. Therefore, learned Government Pleader supported the impugned proceedings dated 27.04.2022 and 21.02.2025. 28. Having regard to the rival contentions and the material on record, this Court finds that the issues involved in W.P.No.1071 of 2012 and 22554 of 2019 have become infructuous. The issues in W.P.No.26616 of 2022 and W.P.No.20127 of 2025 pertain to the de- registration of the society and the said issue is appealable under Section 76 of the Telangana Cooperative Societies Act, 1964. Insofar as W.P.No.6671 of 2025 is concerned, this Court is of the opinion that since most of the water bodies of both the villages have already been subsumed in Yerrakunta Reservoir, the area of operation of each of the Fishermen Cooperative Society cannot be earmarked separately. Therefore, in the interest of all the parties, a new and single Fishermen Cooperative Society comprising of members from the fishermen communities of both Abhangapatnam and Abbapur Village shall be formed. The existing members of Fishermen Cooperative Society, Abhangapatnam, shall be granted membership in the new society without conducting any skill test. Since the Fishermen Cooperative Society of Abbapur Village was not formed by conducting a skill test, the respondents are directed to call for applications and conduct a skill test and thereafter, grant membership to eligible fishermen from Abbapur Village. Membership shall be granted strictly in accordance with the viability of the available water resources. The project- displaced persons who are eligible for membership under G.O.Ms.No.74 shall also be considered by the Fisheries Department after granting membership to the fishermen of both Abhangapatnam and Abbapur Villages. If the new society is formed, the challenge to the de-registration of FCS Abhangapatnam would become infructuous. 29.
The project- displaced persons who are eligible for membership under G.O.Ms.No.74 shall also be considered by the Fisheries Department after granting membership to the fishermen of both Abhangapatnam and Abbapur Villages. If the new society is formed, the challenge to the de-registration of FCS Abhangapatnam would become infructuous. 29. Since it is already observed that water resources are not available separately for the Fishermen Cooperative Society of Abhangapatnam, this Court fails to understand the efficacy of challenging the de-registration before the Cooperative Tribunal. However, it is left to the wisdom of the petitioners therein for taking appropriate action thereon. 30. In the result, (i) W.P.Nos.1071 of 2012 and 22554 of 2019 are dismissed as infructuous. (ii) W.P.Nos.26616 of 2022 and 20127 of 2025 are disposed of with liberty to the petitioner-society to approach the Tribunal under Section 76 of the Telangana Cooperative Societies Act, 1964. (iii) W.P.No.6671 of 2025 is disposed of with above directions. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall also stand dismissed.