Putta Anjaiah v. The State of Telangana

Court: High Court for State of Telangana

Bench: N.V.SHRAVAN KUMAR

Judgment date: 2024-11-28

Case summary

High Court for State of Telangana judgment dated 2024-11-28. Putta Anjaiah v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

I I l *{ i\. I 1 I t 1 i [ 325s ] t i I FOR THE STATE OF TELANGANA i t, ll AT HYDERABAD (Speci al Original Jurisdiction) 1, OF TIE TWENTY EIGHTH DAY NOVEMBER' TH THOUSAND AND TWENTY FOUR I i pResenr I J I i it ,i li sru lusncE N. v. sHRAVAN KUMAR ' TH I il I P lr,r,o* *o : 32993 O F 2024 :. I i l, ii den: il lll ,l i ""J ''1. PuttarAnjaiah, s/o. Na1Qaidi. i38e,4r. ZYears;;Occ: Fi$ermen, R/o. H. No. 6- I 26, Medaram VillagepLEhEinarq"(M);. PcddapcllirDistrict. I ! ''" 2. Arige Rajesham, S/o. Raydmallu; geel: 46 Years, Occ: Fishermen. R/o. H. -Eharmerarn ps66upplli' No. 8 - I 8, Medaram Vi I lage, {M); District. 3. Katta [-axman, S/o. Poehaiah, agedii-A7 Year-s, 9Cp:. 'rFishermen, R/o. H No. 8-7, Ir,ledaram, Village, Dharmarao (M), Peddapalf i District. 4. Katta Pochaiah, S/o. Bakkaiah, 56 Years, 9o. p: FishErpeq, R/o. H. No. 8-7, VTC Medaram Village,,Dhzirmara. rn'(lyt), P. eddapatliDi-st9ict. 5 Kafl a Naresh, S/o. Odpiall aged : 44 Jears,. Occ: Fistr5rynen, R/o. H. No. 7- 63.

Medaram Village. Dharmaram (M), Peddapalli District. 6, Arige Naresh, S/o. Lachaiah, aged: 35 Years, Ocp::Fisheqmen, R/rc. H. No. 6- 72, Medaram Viltage, Dharmaram (M)r Feddppclli Distrip. t. 7. Arige Abhitash, S/o. Lingaiah, aged: l8 Years, Occ:,Fishermen,,R-/o Medaram Village, Dharmaram (M), Fpddapalli Qjslrist. , 8. Katta Swamy, S/o. Pocfraia! , aged: {2,Years. ' Oce. Ii$qmen, R/o. H. No. 8- 7, Medaram Village, DharmEarn (M), Peddapatli,Dif*ipt. : 9. Arige. Mahesh, S/o. Odaiah, aged: 39 Years, Occ: F. ,ishp,41pn, R/o. H. No. 8-l0; Medaram Village, Dharmaram (M), Peddapall[ D. iq$rht. t0. Arige- Ravindher, S/o. Swamy, aged: 33 Years, O,cc: Fishqrrqen, R/o' H. No. 8. 96, Medaram Village, Dharrnaram. (M), Peddapalli District. . I l 'Polav'eni Bharath' S/o' Sathaiah' agd: 27 Year! ' Qcc: fisliermen' R-/o' H. No. 7-59, Medaram Vilfuge, Dhhrmaram (M), Pe{dapalli District. e l2. Butti MahestL S/o. Rayamatlu , aged: 28 Years,' Occ: Fishermen, R/o. H. I No. 8.

2,' M,bdaram, Vi llage, Dharmararrr{M), Peddapatli District. 325s [ ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE N. V. SHRAVAN KUMAR WRIT PETITION NO: 32993 OF 2024 Between: Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the Respondent No. 4 in not providing membership to the Petitioners in the Primary Fishermen Cooperative Society, Nandimedaram, Dharmaram Mandal, Peddapalli District, as per GOMs. No. gB dated 22-01-1964 and GOMs. No. 74 dated 21-1O-2O11, GOMs. No. 6 dated 24-03-2016 and GOMs. No.

4 dated 0410712022, as illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondents to provide membership to the Petitioners in the Primary Fishermen Cooperative Society, Nandimedaram, Dharmaram Peddapalli District, as per '(M), GOMs. No. 98 dated 22-01-1964 and GOMs. No. 74 dated 21-10-2011, GOMs. No. 6 dated 24-03-2016 and GOMs. No. 4 dated 0410712022, in. the interest of justice . lA 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 to direct the Respondents to provide membership to the Petitioners in the Primary Fishermen Cooperative Society, Nandimedaram, Dharmaram (M), Peddapalli District, as per GOIvls. No. gB dated 22-01-1964 and GOMs. No. 74 daled 2'l-1O- 2011, GOMs. No. 6 dated 24-03-2016 and GOMs. No. 4 dated 04-07-2022, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI M.

RAM MOHAN REDDY Counsel forthe Respondent Nos. 1,2 and 4: GP FOR HOME FOR AGRICULTURE Counsel for the Respondent Nos. 3 and 5: GP FOR REVENUE Counsel for the Respondent Nos. 6 to 8:-- The Court made the following: ORDER THE HON'BLE RAVAN KUMAR Writ Petition No. 32993 of 2o24 ORDER: When the matter is taken up for hearing, learned counsel for the petitioner has placed a copy of the order of this Court in W. P. No. 3911O of 2O\Z and batch lr,hich are filed tvith a grievance to constitute an Expert Committee /referring the matter to Telangana Comrnission for Backward Classes constituted under G. O. l\{s. No. 9 dated 16. 11. 2021 in order to evaluate and decide the fishing occupation which is meant for fishern-ren of I Bestha/Bhoi, Gangaputra and Goondla communitir:s uid. e common order dated 26 . 04 . 2024 , wherein this Cotrrt ulde common order dated 26. 04. 2024 has passed the fo[ou,ing order: ) " 17.

Therefore, this Court it finds appropriate to giue direction to principal Secretary, Department of Animal Husbandry, Dairy Deuelopment and Fisheries as tuell a:; Principal Secretary, Department of Social taelfare and Backtuard Classes to constitute art expert conlmittee in order to eualuate and decid. e the fishing occupation bg the respectiue; communities, keeping in uieu all the preuiout; Gouernment Orders and reports of thet Commission. Accordinglg, principal Secretary. Department of Animal Husband-ry, Dairt, Deuelopment and Fishertes as tuell as principal Secretory, Department of Social welfare and BctckuLard Classes shall constitute an expert committee within a period of three months from th-e date of receipt of a copg of this order. On such constitution, uithin three months tlLereafter, the Committee shall take a decision irt accordance uith law.

Needless to state that the present issue is confined onlg to those Societies uhere the dispute between Besta/Goondla/ Gangaputhra Community and Mudiraj/ Mutras/ Te. nugollu communitg in regard to their rights are concemed still ftshing subsists. " 2. Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that the core issue involved in this writ petition would be addressed if similar order is passed referring to the Expert Committee. 3. Learned Government Pleader for Fisheries does not dispute the same and would submit that to the extent of referring this matter to the Expert Committee, appropriate orders may be passed 4. Heard learned counsel on both sides. Perused the record. 5. Without expressing any opinion on merits and with the consent of learned counsel on either side, this writ :iE-it. J petition is disposed of in terms of common order passed by this Court c;n 26. 04. 2024 in W. P. No. 39110 of 2Ol7 and batch.

Needless to mention that if the Commitl. ee has already been constituted, the cases of the peLitioner- herein 'be shall also considered in those lines as prescriberl in the common order dated 26. 04. 2024. 6. With the above directions, writ petition is disposed of, accordingly. Miscellaneous petitions, pending, if any, sha [1 stand closed. However, there sha1l be no order as to costs SD/. L. LAKSHMI BABU ASSISTANT REGISTRAR //TRUE COPY// ON OFFICER To, '1 . T. he Principal Secretary (Revenue department), Secretariat buildings, Hyderabad. 2. The District Collector, Kothagudem, Bhadradri Kothagudem district. 3. The Tahsildar, Annapureddypalli mandal, Bhadradri Kothagudem district 4. One CC to SRl. c RAVI CHANDRA SEKHAR Advocate [OPUC] 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana tourl 6 Two CD Copies KKS BS YT u a HIGH COURT DATED:2811112024 ORDER 'i I . ',q t-iH A ,f,t\ t q WP. No. 32993 of 2024 ) P o z 0 7 Fil ! ii: C c t Cp : SPA ta-Y.

(- ='=:L" DISPOSING OF THE WRIT PETITION WITHOUT COSTS tn- ,'? L 2+ ]q-L\\ I I

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