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2026 DAILYLAW 452 (AP)

Sri Battina Karunakar, v. THE STATE OF ANDHRA PRADESH

WP/7703/2026 · 2026-04-14

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010147282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7703/2026 Between: 1. SRI BATTINA KARUNAKAR, S/O. PRASAD RAO, AGED ABOUT 50 YEARS, FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 2. SRI GALI PRASANNA KUMAR,, S/O. YEKOBU, AGED ABOUT 51 YEARS, FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 3. SRI GALI RAJU, S/O. KRUPANANDAM, AGED ABOUT 51 YEARS. FISHERMEN BY OCCUPATION AND R/O SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 4. SRI JANGAM NAGANNA,, S/O. PENTAIAH, AGED ABOUT 38 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 5. SRI GALI PRAKASAM, S/O. PEDDA BHIMANNA, AGED ABOUT 44 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 6. SRI BATTINA RAMBABU, S/O. DARMAIAH, AGED ABOUT 53 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI 2 DISTRICT 7. SRI BATTINA GEORGE, S/O. PEDDA TATARAO, AGED ABOUT 56 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 8. SRI POSUPO SURIBABU, S/O. ELLIAH, AGED ABOUT 41 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 9. SRI BATTINA JEEVARATNAM, S/O. EMMANUEL, AGED ABOUT 52 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 10. SRI KAKILETI RAJU, S/O. RUDRAIAH, AGED ABOUT 45 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 11. SRI PALIVELA KOTESWARA RAO, S/O. TRIMUTHULU, AGED ABOUT 52 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 12. SRI POSUPO CHANDRASEKHAR, S/O. ABBULU, AGED ABOUT 48 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 13. SRI VAKAPALLI SATTIBABU, S/O. CHITTIYYA, AGED ABOUT 50 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 14. SRI POSUPO BAPIRAJU, S/O. SURAIAH, AGED ABOUT 51 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. 15. SRI GALI YESEBU, S/O. PENTAYYA, AGED ABOUT 75 YEARS. FISHERMEN BY OCCUPATION AND R/O. SRI KRISHNA PATNAM 3 VILLAGE, RAJA NAGARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (FISH-II) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI - 522503, GUNTUR DISTRICT. 2. THE COMMISSIONER OF FISHERIES, GOVERNMENT OF ANDHRA PRADESH, BANDAR ROAD, PORANKI, VIJAYAWADA - 521137. 3. THE DISTRICT COLLECTOR DISTRICT ELECTION AUTHORITY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE JOINT DIRECTOR OF FISHERIES, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. THE ASSISTANT DIRECTOR OF FISHERIESCUM EX OFFICIO DEPUTY REGISTRAR, FISHERMEN COOPERATIVE SOCIETIES, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. THE ELECTION OFFICER, FISHERMEN COOPERATIVE SOCIETY LTD., C-125, SRIKRISHNAPATNAM, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT. 7. THE FISHERMEN COOPERATIVE SOCIETY LTD, NO. C-125, SRIKRISHNAPATNAM - 533296, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT, REP. BY ITS PART TIME PERSON-IN- CHARGE. ...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 to issue appropriate Writ, Order or Direction, or Writ of Mandamus, declaring the particularly one in the nature more proceedings dated 20.02.2026 passed by the 5th respondent 4 removing 35 members, including the petitioners herein, from the membership of the 7th respondent Fishermen Cooperative Society Limited, C-125, Sriknshnapatnam, Rajanagaram Mandal, East Godavari District, as illegal, arbitrary, violative of the principles of natural justice and contrary to the provisions of the Andhra Pradesh Societies Act, 1964 and G.O.Ms.No.74 dated 21.10.2011, and Cooperative consequently set aside the said proceedings and direct the respondents to restore the membership of the petitioners in the 7th respondent society and include their names in the voters list for the purpose of conducting elections to the society, and pass such other orders. 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 may be pleased to suspend the operation of the proceedings dated 20.02.2026 issued by the 5th respondent and the consequential final voters list dated 04.03.2026, insofar as it excludes the petitioners from the membership and voters list of the 7th respondent society, and consequently direct the respondents to permit the petitioners to participate in the elections scheduled to be conducted to the 7th respondent society on 21.03.2026 and pass such other orders. Counsel for the Petitioner(S): 1. NAMBURI SURYA VENKATA MAHARSHI Counsel for the Respondent(S): 1. GP FOR FISHERIES The Court made the following: 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7703 of 2026 ORDER: 1. The present Writ Petition is filed questioning the Proceedings dated 20.02.2026 issued by Respondent No.5 removing 35 members, including the Petitioners from the membership of Respondent No.7- Society and to declare the same as illegal and arbitrary. 2. When the matter is taken up for hearing, it is submitted by the learned counsel for the Petitioners and the learned counsel for the Respondents that pursuant to the interim order dated 18.03.2026 passed by this Court, the elections to Respondent No.7-Society were conducted and the Petitioners had exercised their franchise. In that view, no further orders are required to be passed. 3. Accordingly, the Writ Petition is closed. 4. No order as to costs. 5. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 15.04.2026 IS 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7703 of 2026 Date: 15.04.2026 IS