APHC010407542023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20947/2023 Between: 1. THE ROLUPADI FISHERMAN COOPERATIVE SOCIETY,, LIMITED NO. E-162, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT, REPRESENTED BY ITS ELECTED PRESIDENT NALLAGONDA RAMA KRISHNA, S/O. PULLAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT. 2. NALLAGONDA RAMA KRISHNA,, S/O. PULLAIAH, AGE. 66 YRS, OCC. PRESIDENT OF ROLUPADI FISHERMAN COOPERATIVE SOCIETY, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FISHERIES, DAIRY DEVELOPMENT AND ANIMAL HUSBANDRY, SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF FISHERIES, ANDHRA PRADESH, AT VIJAYAWADA, N.T.R. DISTRICT. 3. THE DISTRICT COLLECTOR, N.T.R. DISTRICT, AT VIJAYAWADA. 4. THE DISTRICT FISHERIES OFFICER, N.T.R. DISTRICT, AT 2 VIJAYAWADA. 5. THE ASSISTANT DIRECTOR OF FISHERIES, VIJAYAWADA, N.T.R. DISTRICT. 6. THE FISHERIES DEVELOPMENT OFFICER, TIRUVURU, TIRUVURU MANDAL, N.T.R. DISTRICT. 7. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, VIJAYAWADA, N.T.R. DISTRICT. 8. THE ASSISTANT EXECUTIVE ENGINEER, SPECIAL SECTION, MINOR IRRIGATION AND WATER RESOURCES DEPARTMENT, TIRUVURU, TIRUVURU MANDAL, N.T.R. DISTRICT. 9. MUNDLAPATI RATNAM S/O PEDDA BHUSHNAM, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 10. SANGISALA SUKUMAR S/O KOTAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 11. MUNDLAPATI SANDEEP S/O VENKATESH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 12. MUNDLAPATI ARJUNA RAO S/O ISMAYELU, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 13. VELPULA GANESH S/O KOTESWARARAO, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 14. MUNDLAPATI JOJI BABU S/O SAILESH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 15. MUNDLAPATI NAISU S/O NAGESH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 16. MUNDLAPATI SREENU S/O FRANCIS, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 17. MUNDLAPATI SUDHEER S/O WILLIAM, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 3 18. MUNDLAPATI APPAIAH S/O PEDDA BHUSHNAM, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 19. PATTIPAATI VEERAIAH S/O YESOBHU, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT. 20. MUNDLAPATI NANI S/O SUDARSHANAM, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 21. MUNDLAPATI SRINIVASARAO S/O POULU, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 22. KAKKATI RAMESH S/O KANNAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT. 23. KONDURI SIVA S/O BHUSHANAM, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT 24. MEKALA SUNIL S/O SYAM BABU, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT 25. MUNDLAPATI VEKATARATNAM S/O SAMIYELU, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT 26. MEDUGU RAM PANDU S/O PEDDA RAJA RAO, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT. 27. MUNDLAPATI VENKATARATNAM S/O ISMAYELU, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT 28. MUNDLAPATI VENKATESWARARAO S/ O KAATAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT 29. MUNDLAPATI NAGARAJU S/O RAMULU, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT. 30. MUNDLAPATI LAKSHMANA RAO S/O BHUSHNAM, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT. 31. NALLAGATLA SANDEEP S/ O RAVI, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 32. PANEM SURESH S/O PULLAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 4 33. PANEM RAMESH S/O JAKARAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 34. THURAKA UMA MAHESWARARAO S/O RAMBABU, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 35. MAADUGULA RAJESH S/O NAGESWARARAO, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 36. CHALLA PULLAIAH S/O ELLAMANDA, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 37. KANDULA SRINIVASARAO S/O JAMALAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 38. MEKALA RAMESH S/O JAYARAO, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 39. PITTA NAGARAJU S/O SANTHAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 40. PANEM CHINNA PULLAIAH S/O BHASKARA RAO, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 41. PITTA NAGARAJU S/O DEVID, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 42. PANEM PUSHPA RAJU S/O DANIYELU, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 43. JUPUDI ASHOK S/O PETHURU, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 44. CHINTHA SRINU S/O LAKSHMIKANTHAM, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 45. MARSHAKATLA ASHOK S/O VASU, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 46. AMARLAPUDI MUSALAIAH S/O JANAKI RAMAIAH, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 47. MUNDLAPATI VENKATESWARA RAO S/O RAMULU, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT 5 48. GANDAMALA BHASKAR S/O RAJA RATNAM, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. 49. MUNDLAPATI NAGARAJU S/O VIJAYA RAO, ROLUPADI VILLAGE, TIRUVURU MANDAL,N.T.R. DISTRICT. RR 9 TO 49 ARE IMPLEADED AS PER THE COURT ORDER DATED.12.10.2023 VIDE IA NO.2 OF 2023. ...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 other appropriate writ, order or direction, declaring the Proceedings No.23/FCS/2022, dated 04.08.2023 issued by the 4th Respondent directing the Petitioners to admit 41 new persons as members of the 1st Petitioner Society, without following the Tank Water Spread Area 60 hectare, without following the norm of 'hectare water spread area per member', as illegal, irregular, arbitrary, bias and violative of Articles 14, 19(1)(c)(g) and 21 of the Constitution of India, violative of Principles of Natural Justice and contrary to the GO Ms No.74 of Animal Husbandry, Dairy Development and Fisheries (F.II) Department dated 21.10.2011 and consequently direct the Respondents to take the 22 new members only in addition to the 38 existing members of aforesaid Society and pass such other order or orders along with all other consequential benefits. IA 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 pleased to direct the Respondents to take the 22 new members only in addition to the 38 existing members of aforesaid Society by suspending the Proceedings No.23/FCS/2022, dated 04.08.2023 issued by the 4th Respondent pending disposal of the Writ Petition and pass IA 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 pleased to implead the above proposed Respondents No.9 to 6 49 as respondents No.9 to 49 in the cause title of the above Writ Petition No.20947 of 2023 and Interlocutory Application i.e. IA.No. 1 of 203 IA NO: 1 OF 2024 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 leave to Respondent No.39 herein to file a Counter Affidavit to the writ petition and pass IA NO: 2 OF 2024 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 leave by condoning the delay in filing of the counter affidavit and allow the same to come on record, else this respondent and Government will suffer irreparable loss and injury and pass such other order or orders in the interest of Justice IA NO: 3 OF 2024 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 amend the main prayer of the Writ Petition as “For the reasons stated in the accompanying Affidavit, the Petitioners herein respectfully pray that this Hon‟ble Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction. declaring the Proceedings No.23/PCS/2022, dated 04.08.2023 issued by the 4th espondent directing the Petitioners to admit 41 new persons as members of the 1st Petitioner Society, without completing the enquiry and without passing any order on the Petitioners‟ Complaint dated 31.12.2022, without following the Tank Water Spread Area 60 hectares, without following the norm of „hectare water spread area per member‟, as illegal, irregular. arbitrary, bias and violative of Articles 14, 19(l)(c)(g) and 21 of the Constitution of India, violative of Principles of Natural Justice and contrary to the G.O.Ms.No.74 of Animal Husbandry, Dairy Development & Fisheries (F-II) Department dated 21.10.2011 and consequently set- aside the above proceedings No.23/FCS/2022, dated 04.08.2023 issued by the 4th Respondent and pass such other order or orders as may deem fit and proper in the circumstances of the case instead of existing prayer IA NO: 1 OF 2025 7 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 may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the Proceedings No.23/PCS/2022, dated 04.08.2023 issued by the Respondent directing the Petitioners to admit 41 new persons as members of the Petitioner Society, even though there is a defect in constituting the three (3) men committee due to the non-participation of the 2nd member i.e. President, District Fishermen‟s Coop Society at the time of conducting Skill Test and orders are not passed the Petitioners‟ Complaint dated 31.12.2022 and though the Tank Water Spread Area is only 60 hectares and there is a norm of „hectare water spread area per member, as illegal, irregular, arbitrary, bias and violative of Articles 14, 19(l)(c)(g) and 21 of the Constitution of India, violative of Principles of Natural Justice and contrary to on the G.O.Ms.No.74 of Animal Husbandry, Dairy Development & Fisheries (F-II) Department dated 21.10.2011 and consequently set- aside the above proceedings No.23/FCS/2022, dated 04.08.2023 issued by the 4rt Respondent and to direct the Respondents to conduct the Skill test as afresh by constituting the three (3) men committee properly and by taking the Tank Water Spread Area as 60 hectares and pass Counsel for the Petitioner(S): 1. Y N ANJANEYACHARYULU Counsel for the Respondent(S): 1. S.V.S.S.SIVA RAM 2. GP FOR FISHERIES 3. GP FOR IRRIGATION COMM AREA DEV WRIT PETITION NO: 24983/2024 Between: 1. THE ROLUPADI FISHERMAN COOPERATIVE SOCIETY,, LIMITED NO. E-162, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT, REPRESENTED BY ITS ELECTED PRESIDENT NALLAGONDA RAMA KRISHNA, S/O. PULLAIAH, ROLUPADI VILLLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT. 8 2. NALLAGONDA RAMA KRISHNA,, S/O. PULLAIAH, AGE 67 YRS, OCC PRESIDENT OF ROLUPADI FISHERMAN COOPERATIVE SOCIETY, ROLUPADI VILLAGE, TIRUVURU MANDAL, N.T.R. DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FISHERIES, DAIRY DEVELOPMENT AND ANIMAL HUSBANDRY, SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF FISHERIES, ANDHRA PRADESH, AT VIJAYAWADA, N.T.R. DISTRICT. 3. THE DISTRICT COLLECTOR, N.T.R. DISTRICT, AT VIJAYAWADA. 4. THE DISTRICT FISHERIES OFFICER, N.T.R. DISTRICT, AT VIJAYAWADA. 5. THE ASSISTANT DIRECTOR OF FISHERIES, VIJAYAWADA, N.T.R. DISTRICT. 6. THE FISHERIES DEVELOPMENT OFFICER, TIRUVURU, TIRUVURU MANDAL, N.T.R. DISTRICT. ...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 other appropriate writ, order or direction, declaring the inaction of the Respondents in not completing the enquiry with regard to Petitioners application/representation dated 31.12.2022 though the Petitioners attended before the 4th Respondent and submitted the concerned available records to prove the allegations as per the Letter No.2/FCS/ADF(V)2023, dated 23.03.2023, as illegal, irregular, arbitrary and violative of Articles 14, 19(1)(c)(g) and 21 of the constitution of India, violative of Principles of Natural Justice and contrary to the GOMs No.74 of Animal Husbandry, Dairy Development and Fisheries (F.II) 9 Department dated 21.10.2011 and consequently direct the Respondents to complete the enquiry and to pass the reasonable order on the Petitioners application/representation dated 31.12.2022 IA NO: 1 OF 2024 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 direct the Respondents to complete the enquiry and to pass the reasonable order on the Petitioners application/representation dated 31.12.2022, pending disposal of the main Writ Petition IA NO: 1 OF 2025 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 may be pleased to grant leave to the petitioner herein/Respondent No.6 in the Writ Petition No.24983 of 2024 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. Y N ANJANEYACHARYULU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR FISHERIES The Court made the following: 10 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.24983 of 2024 & 20947 of 2023 COMMON ORDER: 1. The present Writ Petitions are filed questioning the Proceedings No.23/FCS/2022, dated 04.08.2023, issued by Respondent No.4, directing the Petitioners to admit 41 new persons as members of Petitioner No.1/Society, without following the Tank Water Spread Area 60 hectare, without following the norm of „hectare water spread area per member‟ and questioning the inaction of Respondents in not concluding the enquiry with regard to Petitioners‟ application/representation dated 31.12.2022, as illegal and arbitrary. 2. The facts, in brief, are as follows; Petitioner No.1 is a Fishermen Co-operative Society (for short “the Society”) registered under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 (for short “the Act, 1964”) in the year 1999 with 54 members. Ever since, “Ura Tank” in Rolupadi village in Tiruvuru Mandal, NTR District, the Tank was being given on lease to the Society, so as to enable the members of the Society to eke out their livelihood. 11 3. It is stated that children of the deceased members were admitted as members vide resolutions in the years 2006 and 2020. While so, Respondent No.6 addressed a letter on 10.02.2022 for filling up member vacancies in the Society as on that particular date and to send the same. As several applications were received by the Society, the same were forwarded to the Joint Director of Fisheries and Respondent No.5 for conducting skill test as required for admitting members into the Society as per G.O.Ms.No.74, Animal Husbandry, Dairy Development and Fisheries (F-II) Department, dated 21.10.2011. 4. As the Respondents were trying to include more members into the Society contrary to the norm of ‘one hectare water spread area per member’ prescribed under G.O.Ms.No.74, dated 21.10.2011, Petitioner No.1/Society filed W.P.No.9227 of 2022 before this Court, and the same was disposed of by this Court, directing the Respondents to conduct skill test for admission of new members into the Society as per the guidelines issued in G.O.Ms.No.74, dated 21.10.2011 with reference to the water spread area. 5. It is further submitted that though the skill test was conducted, there were several irregularities with regard to the process as there was no „Tom-Tom‟ in public places and affixing notices at the concerned offices. It was alleged that persons were selected on bribes. The Petitioner- 12 Society lodged a complaint with regard to irregularities that occurred in conducting the skill test. Pursuant thereto, Respondent No.5 vide letter dated 23.03.2023 called upon the Petitioners to substantiate the allegations. Thereafter, Respondent No.6 issued Letter No.14/FDO (TVR)/2023, dated 01.06.2023 directing the Petitioner-Society to admit 41 qualified eligible members into the Society, and the objections raised by the Society were rejected. Hence, the present Writ Petitions are filed. 6. Counter-Affidavit is filed by Respondent No.4, wherein it is submitted that the skill test was conducted as per the procedure prescribed in G.O.Ms.No.74, dated 21.10.2011, in the presence of three- men committee and the entire process of the conduct of the skill test was video recorded. It was pleaded that pursuant to the public notice issued for the conducting of the skill test, 91 persons had attended the skill test and 41 persons among them were found having the requisite skills in terms of G.O.Ms.No.74 for admission into the Society. As regards the water spread area of „Ura Tank‟, it is submitted that the water spread area is 79.45 hectares as per the Irrigation Department and is 83.72 hectares as per Revenue records. 7. The prospective members who, were recommended to admission filed implead application vide I.A.No.2 of 2023 in W.P.No.20947 of 2023 and the same was ordered on 12.10.2023. A Counter-Affidavit was filed by them in support of the Counter-Affidavit of Respondent No.4. 13 8. Learned counsel for the Petitioners submitted that the extent of the tank given on lease was 60 hectares and the lease amount was being collected to that extent only. It was contended that considering the number of members of the Society, admission of 41 members would be contrary to the norm of ‘one hectare water spread area per member‟. Learned counsel further submitted that merely qualifying in the skill test is not sufficient and the Society has got requisite power under Section 19 of the Act, to reject the members for valid reasons and in this case, learned counsel submitted that as the skill test was not properly conducted as allegations of bribes were made, there could not be any automatic admission of members. It was also contended that without conducting enquiry on the complaint dated 31.12.2022 of the Society, the members cannot be admitted. 9. Learned Government Pleader submitted that the skill test was conducted in terms of G.O.Ms.No.74, dated 21.10.2011 and there is no reason to interfere with the whole process. Learned Government Pleader further submitted that the whole purpose of granting lease to the Fishermen Co-operative Society is to ensure that the members of the Society to eke out their livelihood by fishing, and it is in that context the norm of ‘one hectare water spread area per member‟ was prescribed in the G.O.Ms.No.74, dated 21.10.2011. As regards the complaint of the Society, it was stated that the allegations are vague and the Society did 14 not file any evidence to substantiate the same. It was further contended that 41 members were recommended on the basis of the water spread area of the tank by taking note of the water spread area of „Ura Tank‟ as 79 hectares. Learned counsel for the impleaded Respondents S.V.S.S. Sivaram supported the contentions of the learned Government Pleader. 10. Heard the respective counsel. 11. Firstly, the complaint of the Society dated 31.12.2022 was with regard to alleged bribes taken for recommending persons as members of the Society. A reading of the complaint shows that the same is vague and sweeping in nature. No details are forthcoming in spite of notice of Respondent No.5 on 23.03.2023. Even, in this Writ Petition, nothing is forthcoming to substantiate the allegations and the only conclusion that can be arrived at, is that complaint is only to delay the admission of eligible members for personal gain of the members of the Petitioner- Society. 12. Secondly, the skill test was conducted by the three-men committee and the entire process was video recorded. The objection with regard to ‘Tom-Tom’ and affixing of notices is a trivial objection and factually also, the same does not appear to be correct as 91 persons had participated in the skill test and 41 persons were found to 15 be eligible. Further, the objection of ‘Tom-Tom’ and affixing of public notices before conducting the skill test is for the aspirational members to urge and not by the Petitioner-Society. Therefore, this objection in the process of conduct of skill test is not a sufficient ground to deny membership. 13. Thirdly, the right of the Petitioner-Society to deny membership under Section 19 of the Act, 1964 can be sustained provided the same is for valid reasons and not whimsical. In this case, the recommendation to admit 41 persons as members was pursuant to skill tests in terms of G.O.Ms.No.74, dated 21.10.2011. It is to be noted here that entire purpose of lease of water spread areas to the Fishermen Co-operative Societies by the authorities is to enable the members to eke out their livelihood and not to make these Societies as private Corporations for personal gain for the selection of few of the Societies. As no valid reasons are forthcoming, this objection cannot be sustained. 14. Fourthly, the objection with regard to excess recommendation of persons as members contrary to the norm of ‘one hectare water spread area per member’ as prescribed in G.O.Ms.No.74, dated 21.10.2011 was rejected on the ground that the water spread area is 79.47 hectares as per Water Area Certificate issued by the Assistant Superintending Engineer and 83.72 hectares as per revenue records and therefore 41 16 persons can be admitted. It was mentioned in the impugned order that the Department has taken 60 hectares as leased area, as the water would be available for maximum part of the year. 15. The norm of ‘one hectare water spread area per member’ is with regard to the extent of lease given to the Society and not with reference to the water spread area of the tank. There cannot be two yardsticks for the purpose of leased area and for admission of new members. Therefore the Respondent-authorities shall take the extent of 60 hectares for the purpose of admission of members. As it is stated that there are only 33 members in the Petitioner- Society as on date, 27 members out of 41 persons can be straightaway admitted into Petitioner-Society as members by adhering to clause-G of G.O.Ms.No.74, Animal Husbandry, Dairy Development and Fisheries (F-II) Department, dated 21.10.2011. The remaining can be admitted as and when vacancy arises. 16. Therefore, these Writ Petitions are disposed of, with the following directions; (i) The Respondent-authorities shall take 60 hectares of „Ura Tank‟ of Rolupudi village, Tiruvur Mandal, NTR District. (ii) The Respondent authorities shall recommend admission of 27 members out of the 41 members recommended into Petitioner- Society in terms of clause-G of G.O.Ms.No.74, Animal Husbandry, Dairy Development and Fisheries (F-II) Department, dated 21.10.2011. 17 (iii) The above exercise shall be completed within (04) weeks from the date of receipt of the copy of this order. (iv) On recommendation, the Petitioner-Society shall straightaway admit the 27 members without causing any hindrance. (v) There shall be no order as to costs. 17. As a sequel, pending applications, if any, shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 26.02.2026 CHS 18 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.24983 of 2024 & 20947 of 2023 Date: 26.02.2026 CHS