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2026 DAILYLAW 14929 (AP)

MAHALAKSHMI HARJINA FISHERMEN CO OPERATIVE SOCIETY v. THE STATE OF AP

WP/1495/2026 · 2026-01-19

Nyapathy Vijay

body2026

Judgment text

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APHC010020572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1495/2026 Between: 1. MAHALAKSHMI HARJINA FISHERMEN CO OPERATIVE SOCIETY, REGD.NO. E-45, MEDURU VILLAGE, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT, REP. BY ITS PRESIDENT, CHILI BASAVAIAH, S/O.VENKAYYA. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY - FISHERIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.PIN CODE522503 2. THE DISTRICT COLLECTOR FISHERIES WING KRISHNA DISTRICT, MACHILIPATNAM, KRISHNA DISTRICT.PIN CODEPIN CODE 521003. 3. THE JOINT DIRECTOR, FISHERIES DEPARTMENT, MACHILIPATNAM, KRISHNA DISTRICT.PIN CODE 521001. 4. THE DEPUTY DIRECTOR OF FISHERIES/EX OFFICIO JOINT REGISTRAR OF FISHERMEN COOPERATIVE SOCIETIES, GUDIVADA, KRISHNA DISTRICT. PIN CODE 2 521301. 5. THE EXPERSONINCHARGE PIC, THE FISHERIES DEVELOPMENT OFFICER OF KANKIPADU, KANKIPADU MANDAL, KRISHNA DISTRICT.PIN CODE 521151. ...RESPONDENT(S): 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 toPleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the inaction of the 2nd respondent in considering and disposing of the petitioners representation dated 24.11.2025 as illegal and arbitrary and violative of Articles 14, 19(1)(c) and 21 of the Constitution of India and consequently direct the 2nd respondent to consider and dispose of the said representation, seeking restraint of the 5th respondent and appropriate action in accordance with law, within a time frame to be fixed by this Honble Court and pass IA NO: 1 OF 2026 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 Pleased to grant interim directions restraining the 5th respondent, whose appointment as Person-In-Charge has expired on 07.11.2025 and was not extended thereafter, from interfering in any manner with the affairs and administration of the petitioner society, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. B V ANJANEYULU 3 Counsel for the Respondent(S): 1. GP FOR FISHERIES The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1495 of 2026 ORDER: The present Writ Petition is filed questioning the inaction of the Respondent No.2 in considering and disposing of the representation of the Petitioner 24.11.2025, as illegal and arbitrary. 2. The Petitioner is a Co-Operative Society established in the year 1979 consisting of about 30 fishermen families from Scheduled Caste Community and elections were held to the Managing Committee of the Petitioner/Co-Operative Society on 07.04.2023. 3. Subsequently, Person-In-Charge was appointed on 07.05.2025 as there were some internal disputes in managing the Society. The Person-In-Charge had a tenure for a period of one year and the same was expired on 07.11.2025. Subsequently, a general body meeting was conducted on 22.11.2025, wherein a resolution was passed declaring that the Executive Committee of the Society is validly constituted and fully operational. 5 4. In the light of the resolution passed by the general body, the Petitioner submitted a detailed representation on 24.11.2025 for recognition and continuation of the existing executive body and to restrain Respondent No.5 i.e., Person- In-Charge from interfering in the affairs of the society. As the same is not being considered, the present writ petition is filed. 5. Sri G. Naveen, learned Assistant Government Pleader for fisheries, submitted that the representation of the Petitioner will be examined and an appropriate decision will be conveyed to the Petitioner. 6. Recording the submissions, the Writ Petition is disposed of with the following directions:- (i) The Respondent-Authorities are directed to examine the representation given by the Petitioner and shall pass appropriate orders within a period of six (06) weeks from the date of receipt of a copy of this order. (ii) There shall be no order as to costs. 6 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date : 20.01.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 38 WRIT PETITION No. 1495 of 2026 Date : 20.01.2026 chs