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Judgment
In Writ Petitions No. 41764, 39110 of 2017, 14758, 17384 of 2020, 28353 of 2021, 5578, 7076, 24584, 44994 of 2022, grievance of petitioners is that their request to the Government for constituting an Expert Committee/referring the matter to Telangana Commission for Backward Classes constituted under G.O.Ms.No.9, dated 16.11.2021 in order to evaluate and decide the fishing occupation which is meant for fishermen of Bestha/Bhoi, Gangaputra and Goondla communities was not considered.
In Writ Petitions No. 18692 of 2020, 16001, 31098, 31090, 30793, 27999 of 2021, and Writ Petitions No. 10251, 6480, 10836, 33027, 34337, 33071 of 2022, grievance of petitioners is that in Fishermen Cooperative Societies exclusively occupied by the members of Bestha / Bhoi, Gangaputra and Goondla, petitioners, who belong to Mudiraj, Muthrasi and Tenugollu community are not getting membership.
Writ Petitions No. 2261, 36292, 12734 of 2021 are filed questioning the proceedings of the District Fisheries Officer to conduct skill test, duly mis-interpreting the order of this Court in Writ Petition No. 22803 of 2020, dated 24.03.2021.
The issue involved in all these cases boils down to the point ‘whether a direction is required to the Government of Telangana for constituting an Expert Committee/referring the matter to Telangana Commission for Backward Classes constituted under G.O.Ms.No.9, dated 16.11.2021 in order to evaluate and decide the fishing occupation by the respective communities as claimed’.
The erstwhile State of Andhra Pradesh adopted Cooperative Societies Act and enacted A.P. Cooperative Societies Act, 1964 to facilitate the fishermen of the State to form Societies under the provisions of the Act after its amendment now Telangana Cooperative Societies Act, 1964 (for short, ‘the Act’). Petitioner Societies (Bestha/Bhoi, Gangaputra and Goondla communities) have registered themselves under the Act, 1964 and getting the leasehold rights to carry out fishing operations in the respective tanks from the competent authorities, as per G.Os. issued by the government from time to time and the practice in vogue.
Government registered Societies under the Act, 1964 with an avowed object to do fishing operation in the respective tanks to eke out livelihood. In the first batch of Writ Petitions, the contention of petitioners is that the communities of Bestha/Bhoi, Gangaputra and Goondla are real fishermen, whereas the communities of Mudiraj, Muthrasi and Tenugollu who belongs to BC ‘D’ group are meant for garden work.
Whereas the contention of petitioners (Mudiraj, Muthrasi and Tenugollu) is that in terms of G.O.Ms.No.98, dated 26.01.1964 issued by the Revenue Department facilitating some 29 communities which include Gangaputra and Muthurasi as fishermen to do fishing in the tanks, as such they are also entitled for membership in the Societies being run by the communities of Bestha/Bhoi, Gangaputra and Goondla.
In all these Writ petitions, counters have been filed by the respondents therein for which replies have also been filed by the respective parties.
Heard learned counsel for petitioners Smt. M. Vidyavathi, Sri. D.L. Pandu, Sri T.P. Acharya, Sri V.Veda Vikas, Sri Ponnam Mahesh Babu, Sri P.V.V.D. Rajeswari, Sri M. Rupender, Sri Vijay B. Paropakari, Sri L. Bhargav Krishna and learned Special Government Pleader Sri Swaroop OOrilla appearing for learned Additional Advocate General for respondents. Perused the entire record.
The composite State of Andhra Pradesh vide G.O.Ms.No.98 (Revenue Department), 22.01.1964 issued a list of 29 communities, who are engaged in fishing as under:
1) Agnikula – Kshatriya
2) Bageti.
3) Bantu.
4) Besta or Bhoi.
5) Boyee.
6) Ghomabadi.
7) Dhiwar.
8) Goondla.
9) Gullavallu.
10) Jalarulu.
11) Kandra.
12) Keviti.
13) Kharboi.
14) Kondadoralu.
15) Marakallu.
16) Meela.
17) Muthurasi.
18) Noyyalu or Neyyillu.
19) Oda.
20) Palli.
21) Pattapu Kapu.
22) Sadur Boyee.
23) Teegu.
24) Telanga(Goli).
25) Tenugu(Koli Muthuraaji)
26) Vadabalija.
27) Vaddi.
28) Vinaiya – Kshtriya.
29) Yanadi.
Thereafter, a Circular Memo No. 26130/I(1)/83, dated 23.12.1983 was issued by the Commissioner of Fisheries namely Ad-hoc Viability Norms which stipulate the conditions that for one member the allotment is one hectare water spread area in the Society. Likewise, for all the Societies in the State, the same Ad-hoc viability norms applied. Thereafter, vide G.O.Ms.No.74 (AHDD & F Department), dated 21.10.2011, the erstwhile Andhra Pradesh Government had issued guidelines for conducting skill test for identification of members as Fishermen in the Society and passing a skill test is mandatory.
After formation of State of Telangana in 2014, G.O.Ms.No.6 (AHDD & F Department), dated 24.03.2016 was issued, wherein the Government of Telangana had fixed the viability and feasibility norms to the members of the Fishermen Cooperative Society. The specific conditions that are fixed are as under:
i. It was fixed as one acre water spread area to each member in case of perennial/canal fed water sources.
ii. It was fixed as Two acres water spread area to each member in case of all other water sources i.e., Rainfed.
iii. To become member he must be a resident of the said village and he must also be unemployed.
iv. One member from one family in order to get membership in the Fisherment Cooperative society.
Thereafter, G.O.Rt.No.360 (Agriculture & Co-op Department), dated 18.07.2016 was issued by the State of Telangana exempting Fisheries Department from the purview of G.O.Rt.No.6, dated 11.01.2016. By virtue of this exemption, the officers of Fisheries Department are conferred with the powers of the Registrar of Co-operative Societies under the Telangana Cooperative Societies Act, 1964. As per G.O.Rt.No.360, the Assistant Director of Fisheries is conferred as Functional Registrar of the Societies by implementing the provisions of the Act. Thereafter, G.O.Rt.No.16 (Agriculture & Co-op Department), dated 09.01.2017 was issued by the State of Telangana amending G.O.Rt.No.360, wherein all the District Fisheries Officers (DFO) are conferred as Functional Registrars of Societies by implementing the provisions of the 1964 Act.
While that being so, in the meantime, wherever memberships were applied from the communities of Mudiraj/Mutrasi/Tenugollu in the Fishermen Cooperative Societies which is largely occupied with communities of Bestha/Bhoi, Gangaputra and Goondla, the same was objected in one way or the other and several Writ Petitions are offshoot of the same. Therefore, in order to curb the disturbances among these two communities, the then Minister for Fisheries Department formulated a Joint Action Committee with 10 members from Besta/Goondla/Gangaputhra Community and 10 members from Muthrasi/Mudiraj Communities. There was a meeting chaired by Hon’ble Minister of Fisheries on 07.08.2021 and 11.09.2021, wherein it was concluded as under:
a. The existing societies of the Ganga putra/Bestha/Goondla shall not be disturbed while giving new membership to other communities listed in G.O.Rt.No.98 Revenue Dept. dated 22.1.1964.
b. Villages in the existing Gangaputra/Bestha/Gundla societies where these community people are not available, but other community people are available and seeking registration of new society shall be considered as per the provisions of TCS, Act, 1964.
Thereafter, in terms of the Minutes drawn on 11.09.2021, the Commissioner of Fisheries issued Memo No.141/E2/2021, dated 27.09.2021 to all the District Fisheries Officers (DFO) with specific instructions which read as under:
“ All the District Fisheries Officers are requested to comply with the decisions taken in the meeting held by Hon’ble Minister for AH, DD & F Dept., TS, Hyderabad on 11.9.2021 with fishing communities Joint Action Committee without any deviation.”
Pursuant to the said Memo dated 27.09.2021 issued by the Commissioner of Fisheries to all the District Fisheries Officer, the District Fisheries Officers in the State of Telangana have registered almost 800 Societies wherein the directions given in Memo dated 27.09.2021 were followed, that too with the members of that particular community for example if the Societies belong to Gangaputra/Bestha/Goondla, members will be of that community and in the same manner, if the Societies belong to Mudiraj/Muthrasi, members will be of that community. All over the State of Telangana, presently, Memo, dated 27.09.2021 is being followed by the District Fisheries Officers, in letter and spirit.
Thereafter, the Government of Telangana vide G.O.Ms.No.4 dated 4.7.2022, had included Mudiraj, Mutrasi, Tenugollu communities under the category of ‘eligible fishing communities’ in the circumstances clarified by the BC Welfare Department that fishing is one of the professions of the three communities as per Anantharaman Commission’s report which was submitted to Government in 1970 and thereby, brought amendment bringing Mudiraj, Mutrasi, Tenugollu communities under eligible applicants for undergoing skill test.
Today, when all the batch of cases are listed for hearing, learned counsel Smt. Vidyavathi appearing for petitioners in batch of writ petitions had contended that the grievance of petitioners would be met if the representation dated 29.10.2022 made to the Government of Telangana is considered by constituting an Expert Committee in order to evaluate and decide the fishing occupation by the respective communities. In the same manner, learned counsel Sri. D.L. Pandu appearing for petitioners in some Writ Petitions also conceded and agreed that grievances of petitioners would be met if this Court directs the Government of Telangana to constitute Expert Committee in order to evaluate and decide the fishing occupation by the respective communities.
However, at this stage, this Court directed learned Special Government Pleader appearing for respondents to find out as to the feasibility of constituting an expert committee by the Government to decide the fishing occupation by the respective communities and on instructions, he submits a suitable direction be given to the Government of Telangana for consideration of the representation of petitioners for constituting an expert committee to decide the fishing occupation by the respective communities.
Therefore, this Court finds it appropriate to give direction to Principal Secretary, Department of Animal Husbandry, Dairy Development and Fisheries as well as Principal Secretary, Department of Social welfare and Backward Classes to constitute an expert committee in order to evaluate and decide the fishing occupation by the respective communities, keeping in view all the previous Government Orders and reports of the Commission. Accordingly, Principal Secretary, Department of Animal Husbandry, Dairy Development and Fisheries as well as Principal Secretary, Department of Social welfare and Backward Classes shall constitute an expert committee within a period of three months from the date of receipt of a copy of this order. On such constitution, within three months thereafter, the Committee shall take a decision in accordance with law. Needless to state that the present issue is confined only to those Societies where the dispute between Besta/Goondla/Gangaputhra Community and Mudiraj/Mutras/Tenugollu community in regard to their fishing rights are concerned still subsists.
With the above observations, all these Writ Petitions are disposed of. No order as to costs.
Consequently, the miscellaneous Applications, if any shall stand closed.