Telangana HC sets aside fishermen society membership orders | Hyderabad News
Hyderabad: The Telangana high court has set aside orders that had allowed over 120 persons to seek membership in two fishermen cooperative societies, ruling that the societies should have been heard before their interests were affected.A division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin allowed two writ appeals filed by the Fishermen Co-operative Societies of Vandanam village at Chintakani mandal and Konijerla village and mandal, both in Khammam district.The appeals challenged orders passed by a single judge, who had earlier set aside decisions of the assistant director of fisheries rejecting the membership applications.The applications had been rejected on the ground that the applicants belonged to castes that were not included in the prescribed list of eligible communities. The applicants then approached the HC, where the single judge ruled in their favour.Before the division bench, the societies contended that they were directly affected parties but had not been given notice or an opportunity to present their case before the writ petitions were decided.Appearing for the appellant societies, counsel DL Pandu submitted that membership was subject to statutory and regulatory conditions, including fishing skills, area of operation, registered bye-laws and viability requirements. He argued that the existing membership of the societies and their bye-laws had not been taken into consideration.The applicants, however, countered that the single judge had only directed the authorities to reconsider their applications afresh in accordance with law and the principles of natural justice. They argued that this process would have allowed the societies to raise their objections.The division bench noted that even the official respondents had not been allowed to file counter-affidavits. It held that since the societies had been impleaded and their rights and interests were directly involved, the matters ought to have been decided only after hearing all concerned parties.The bench accordingly remanded the matters to the single judge for fresh consideration, directing that all parties be given an opportunity of hearing.The court clarified that it had not examined the merits of the membership claims. The writ appeals were disposed of accordingly.
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