‘ J ► APHC010059332023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 2957 OF 2023 Between: 1. Duripalli Ratnaraju, S/o. Venkat Rao, Age. 55 Years, R/o. H. No. 4-25, chikilinta Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. 2. Duripalli Dorababu, S/o. Venkatrao, Age. 39 Years, R/o. H. No. 4-1/a, chikilinta Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. 3. Peyyala Dyva Sunoaram, S/o. Yesu Babu, Age. 42 Years, R/o. H. No. Rajavomangi Mandal, Alluri Sitarama Raju 4-32, chikilrita Village (New) District, East Godavari (old) District. 4. Peyyala Paparao, S/o. Jyothi babu. Age. 39 Years, R/o. H. No. 4-99, Konda Lingamparthi Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. 5. G. Anil Kumar, S/o Kondala Rao, 38 Years, R/o. H. No. 4-33, chikilinta Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District 6. Dabba Rajithamohan, S/o. Gunnaiah, Age. 59 Years, R/o. H. No. 4-27, chikilinta Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. 7. Kokkula Raja Babu, S/o. Veeraswami, Age. 51 Years, R/o. H. No. 4-13, chikilinta Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) Distri East Godavari (old) District. 8. Dabba Eliya Raju, S/o. Srinivasa Rao, Age. 51 Years, R/o. H. No. 4-51, Konda Lingamparthi Village, Rajavomangi Mandal, Alluri Sitaramaraju (New) District East Godavari (old) District. 9. Peyyala Ratna Babu, S/o. Chinnabbayee, Age. 32 Years, R/o. H. No. Rajavomangi Mandal, Alluri 4-23 KondaLingamparthi Village, Sitarama Raju (New) District, East Godavari (old) District. Peyyala Bala Krishna, S/o. Musalaiah, Age. 46 Years, R/o. H. No. 4-22, Konda Lingamparthi Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. Chevala Ratna Raju, S/o. Lovaraju, Age. 51 years, R/o H No. 4- 6, Konda Lingamparthi Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. Duripalli Anand, S/o. Chittabbai, Age. 32 Years, R/o. H. No. 4-55, Konda Lingamparthi Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. Duripalli Vinod Kumar, S/o. Gopal Rao, Age. 26 Years, R/o. H. No. 4-12, chikilinta Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. Motukuri Lakshmanarao, S/o. Nookaraju, Age. 40 Years, R/o. H. No. 4-56, Konda Lingamparthi Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. Budama Deelip Kumar, S/o. Sathyanarayana, Age. 37 Years, R/o. H. No. 4-40, Konda Lingamparthi Village, Rajavomangi Mandal, Alluri Sitarama Raju (New) District, East Godavari (old) District. 10. 11. 12. 13. 14. 15. ...Petitioners AND 1. The Commissioner Of Fisheries, (Department of Fisheries) Office of Commissioner of Fisheries, Bandar Road, Poranki, Vijayawada - 521137, A.P. 2. The District Collector and District Election Authority, Paderu, Alluri Sitharamaraju District. 3. The District Fisheries Officer, Fish Seed Farm, Gonduru(V), Paderu Alluri Sitarama Raju Dist-531024, 4. The State of Andhra Pradesh, Rep by Principal Secretary, Fisheries Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 5. Girijana Fishermen Cooperative Society Ltd, Rep by Fisheries Pandirimamidi, Rajavommangi Mandal, Development Officer, Rampachodavaram Division, Alluri Seetharamaraju District - 533288. R5 is impleaded as per the C.O. dated.22.06.2023 vide order passed in lA No. 2 of 2023. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order as direction more particularly in nature of Writ of Mandamus or other appropriate order to declare the inaction of the 2 respondent on the representation o the petitioners dated 20-07-2022 seeking to prepare a Voter list and to conduct elections of the Girijana Fishermen Co- Operative society Lts., No. B-108, Konda Lingamparthi Village of Rajavomangi Mandal is illegal unconstitutional against principles of justice and consequently direct the respondents No.1 to 3 to Consider the representation of the petitioners dated 20-07-2022 and to prepare a Voter list and to conduct elections of the Girijana Fishermen Co-Operative society Lts.,No.B-108, Konda Lingamparthi Village of Rajavomangi Mandal of Alluri Sitarama Raju District (New) East Godavai (old) and pass. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.1 to 3 do not to lease Kolagummigadda Reservoir (PWD Reservoir) without conducting elections and without preparing voter list of the Girijana Fishermen Co-Operative society Lts., No. B-108, Konda Lingamparthi Village of Rajavomangi Mandal, Alluri Sitarama Raju District (New), East Godavari District (old) and pass in the interest of justice nd <? lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the Girijana Fishermen Co-Operative society Ltd., as 5th respondent in the above writ petition. Counsel for the Petitioners: BODA RAKESH NAIK Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondents No.1,3 & 4: GP FOR FISHERIES Counsel for the Respondent No.5: SRI VV L N SARMA The Court made the following Order: APHC010059332023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Twenty Third Day of July Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No: 2957 of 2023 Between: ...Petitioners Duripalli Ratnaraju and others and ...Respondents The Commissioner of Fisheries and others Counsel for the petitioners: I.Boda Rakesh Naik Counsel for the respondents: 1.G.P. for Revenue 2.G.P. for Fisheries 3.V.V.L.N. Sarma The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue writ order as direction more particularly in nature of Writ of 2 W.P.No.2957 of 2023 Mandamus or other appropriate order declaring the action of the houses viz., 1 new D.No.5/31; 2 new D.No.5/133; 3'"' respondents in trying to demolish the petitioners petitioner’s house bearing old D.No.5/32 St nd petitioner’s house bearing old D.No.5/109 petitioner’s house bearing old D.No.7/119 petitioner’s house bearing old D.No.7/64, new D.No.7/112, all located in main road, Bazzar Street, Diguvapet Siddavatam town and 5*^ petitioner’s house bearing old D. No. 1/70 new D.No.7/110; 4*^ Kadapa District; new D.No.2/42; new D.No.2/102: and 7'^ petitioner’s house bearing old D.No.2/38, petitioner’s house bearing old D.No. 1/68 Main road, Eguvapetm Siddavatam town new D.No.2/41, all located in Kadapa district, for the purpose of road widening without payment of compensation by the authorities to the petitioners and without following the due law as illegal arbitrary unconstitutional violation of justice and violation of Art 300A of the Constitution process of principles of natural of India and consequently to restrain the respondents from demolishing the houses of the petitioners under the guise of road widening without payment of compensation. (Prayer was amended as per the C.O. dated.28.03.20 23 in I.A.No.2 of 2023). 2. The case of the petitioners is that the Kolagummigadda reservoir (P.W.D. reservoir) was constructed by the Government Pradesh in the year 1968. The fathers of the livelihood due to constructions of the of Andhra petitioners lost their reservoir. The petitioners belong to S.C. community and fisheries community. Hence the Government Andhra Pradesh established Girijana Fishermen Co-operative Society No.B-108, Kondalingamparthi, Rajavommangi Mandal. petitioners are dependent on fish farming in the reservoir on lease basis for their livelihood. The Managing Committee of Ltd. The was declared by the 3 W.P.Np.2957 of 2023 respondent No.2 by conducting election vide proceedings NO.2654/F/2001 dated 09.04.2002. The committee expired long back then no election was held by the respondent No.2. No list of voters was prepared. The respondent No.2 illegally leased Kolagummigadda Reservoir (P.W.D. reservoir) to the unofficial committee, vide proceedings No.592/A3/2019 (29), which also expired on 30.06.2022. Inspite of the representation dated 20.07.2022 made by the petitioners to the respondents No.1 to 3 seeking elections and registration of new voters in the list, no action has been taken. On the other hand, the respondents are highhandedly trying to lease the reservoir to unofficial committee without conducting the elections and without preparing the list of voters. Hence, the writ petition was filed. since 3. The respondent No.3 filed counter stating briefly as follows while denying the case of the petitioners: The petitioners are not the members of the Tribal Fishermen Co operative Society, Ltd No.B-108, Kondalingamparthi village, Rajavommangi Mandal. After expiry of the term of the present Managing Committee i.e., after 07.06.2024 either the society or the district administration will take action to conduct the election to the society as per Rule 22 of the Andhra Pradesh Co-operative Societies Act, 1964. The Tribal Fishermen Co-operative Society, Ltd No.B-108, was registered on 19.05.1988 with 11 members by caste Konda Reddy (S.C.). Some members died. Their legal heirs were admitted in the in the place of the deceased in the year 2019. Another 6 members were admitted to the society. Thus, the total strength of the members is 17 as per the admission register. There is only 11 hectors of tank available, b. The society was registered for the benefit of the tribal fishermen whose livelihood is fishing in the P.W.D. reservoir on lease taken from a. 4 W.P.No.2957 of 2023 the department of Fisheries. For each member, 1 hector is permissible. Already, 6 members are in excess. The leases of fishing from fasli years 1429 to 1431, (01.07.2019 to 30.06.2022) were issued vide proc.No.M.592/A3/2019(29) dated 30.05.2020 of the Assistant Director of Fisheries, Rajamahendravaram and beyond 01.07.2022, government orders are awaited to lease out the water bodies. The term of the Managing Committee expired on 07.06.2019. The general body, in the meeting held on 08.06.2019, resolved to conduct elections to the society. The general body is supreme authority in the case of un-aided society. Accordingly, as per general body resolution, election to the Tribal Fishermen Cooperative Society, Ltd. B-108 Kondalingampart hi village of Rajavommangi Mandat was held on 08.06.2019 duly following the procedure under Rule 22 (b) of the A.P.C.S. Act, 1964. The new body was unanimously elected for a period of five years from 08.06.2019 to 07.06.2024. Therefore, the writ petition is liable to be dismissed. 4. On 16.07.2025, the learned Assistant Government Pleader placed on record the written instructions of the District Fisheries Officer, Alluri Sitarama Raju District, addressed to the Government Pleader for Fisheries vide Lr.No.08/A4/2022 dated 16.07.2025 and submitted that the body duly elected on 08.06.2019 completed its term of five years by 07.06.2024 and cause does not survive. The learned counsel for the petitioners, appearing through VC, submitted that election said to have been held on 08.06.2019 is not in accordance with law as it was not held by the District Collector. The learned counsel for the respondent No.5, appearing through VC, submitted that the D.F.O cannot represent the society / respondent No.5 and that the President or the Secretary of the society shall represent it and requested time to file counter affidavit /• 5 W.P.No.2957 of 2023 Today i.e., 23.07.2025, the learned Assistant Government Pleader for Fisheries placed on record another copy of the written instructions of the District Fisheries Officer, Alluri Sitarama Raju District, Paderu, addressed to the Government Pleader for Fisheries vide Lr.No.08/A4/2022 dated 16.07.2025, wherein while reiterating the contents of the counter, it is further stated as follows: As per Rule 22(1) (1) (a) of the Andhra Pradesh Co-operative Society Rules, 1964, the incumbent Managing Committee shall conduct and hold elections to the societies which are not in receipt of state aid as specified under Sec-43 of the A.P.C.S. Act, 1964, as per the procedure laid down in the bye laws well before the expiry of the term of the present Managing Committee. Under rule 22(1) (b) of the Act, in case of societies in receipt of state aid, the Registrar shall hold election to the societies before the expiry of their term of the committee. 5. a. b. As per the resolution passed in the general body of the society, the elections to the Managing Committee was held on 08.06.2024 duly following the procedure under Rule 22(B) of the A.P.C.S. Act, 1964, and new body elected to be in office for a period of 5 years from 08.06.2024 to 07.06.2029 as detailed below. S.No. Name Designation 1. Sumarla Somaraju President 2. Sumarla Krishna Secretary 3. Bobbin Rama Krishna Director 4. Kochha Peddabbai Director 5. Sumarla Mallayya Director In view of the above, the averments made by the petitioner are totally false and baseless. Flence, the W.P.No.2957 of 2023 filed by the petitioner may be dismissed. c. 6 W.P.No.2957 of 2023 Z> 6. The learned Assistant Government Pleader submitted cause does not survive in view of the new Managing Committee elected. The learned counsel for the petitioner submitted petition was filed challenging illegality in constitution of the Managing Committee and that no list of voters was prepared The learned counsel for the respondent No.5 reiterated that District Fisheries Officer cannot represent the society. The writ petition IS not maintainable as the society is not receiving grant in aid or any other grant. that the that the writ 7. the 8. The learned counsel for the petitioners submitted that earlier the District Collector held elections and now it was incorrectly represented that government cannot intervene. 9. The learned counsel for the petitioners submitted that since the society is not duly represented by elected President / Secretary D.F.O. in charge has to conduct the elections, the respondent No.5 was shown to be represented by D.F.O. In view of the changed circumstances discussed above going into the question about the representation of the D.F.O.. this writ petition is disposed of giving liberty to the petitioners to challenge the constitution of the Managing Committee been elected on 08.06.2024, by filing appropriate proceedings There shall be no order as to costs. Interim orders granted earlier, if any, shall stand vacated. and 10. , without society by said to have afresh. Pending miscellaneous applications, if any. shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// To, . _ SECTION OFFICER 1. The Commissioner Of Fisheries. (Department of Fisheries) Office of Commissioner of Fisheries, Bandar Road, Poranki, Vijayawada - 521137, A.P. % 2. The District Collector and District Election Authority, Paderu, AlluriSitharamaraju District. 3. The District Fisheries Officer, Fish Seed Farm, Gonduru(V), Paderu, Alluri Sitarama Raju Dist-531024, 4. The Principal Secretary, Fisheries Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 5. Girijana Fishermen Cooperative Society Ltd, Rep by Fisheries Development Officer, Rampachodavaram Division, Alluri Seetharamaraju District - 533288. 6. One CC to Sri. Boda Rakesh Naik, Advocate [OPUC] 7. Two CCs to GP for REVENUE, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for FISHERIES, High Court of Andhra Pradesh [OUT] 9. One CC to Sri. VV L N Sarma, Advocate [OPUC] 10. Two CD Copies Pandirimamidi, Rajavommangi Mandal, VNA '3 p<r HIGH COURT DATED:23/07/2025 ORDER WP NO. 2957 OF 2023 a 18 AUG 2025 K Co S«ctio £CiI£i5 DISPOSING OF THE WRIT PETITION WITHOUT COSTS