RT-44: Fishermen Co-operative Societies – Review Petition filed under section 78 of the A.P. Co-operative Societies Act, 1964 by President of Jagaiahpet Fishermen Cooperative Society Ltd., Jaggaiahpet Village & Mandal, Krishna District against orders in R.P.C.No.2339/F.II(1)/2011,dated.12.05.2011 - Dismissal of the Review Petition – Orders – Issued.

GOVERNMENT OF ANDRA PRADESH ABSTRACT Fishermen Co-operative Societies – Review Petition filed under section 78 of the A.P. Co-operative Societies Act, 1964 by President of Jagaiahpet Fishermen Cooperative Society Ltd., Jaggaiahpet Village & Mandal, Krishna District against orders in R.P.C.No.2339/F.II(1)/2011,dated.12.05.2011 - Dismissal of the Review Petition – Orders – Issued. ANIMAL HUSBANDRY DAIRY DEVELOPMENT & FISHERIES (F.II) DEPARTMENT G.O.(Rt) No. 44 . Dated.27.01.2012. Read the following: 1) Government order dt.12.5.2011 in R.P.C.No.2339/F.II/2011 of AH,DD & F(F.II) Department. 2) Review petition of Sri Konda Kotiaah, S/o Chinna Pullaiah, President Jagaiahpet Fishermen Cooperative Society Ltd., Jaggaiahpet Village & Mandal, Krishna District,dated.15.06.2011 *** ORDER: The President of Jaggaiahpet Fishermen Cooperative Society has filed a Review Petition against the orders of Government issued in RPC No.2339/F.II (1)/2011,dated.12-5-2011. These orders were issued in a Revision Petition No. 2339, dated.7-4-2011. The main contention in the Review Petition is that after the Government had disposed off the Revision Petition on the grounds that there was no case to entertain it, the Government ought not to have issued certain directions namely that the Deputy Director of Fisheries should supervise the conduct of fishing operations through the Members of the Society and in the presence of the Members, so that there is transparency and accountability. It is contended in the Review Petition that in an enquiry conducted by the Fisheries Department Officials, it was found that there have been no violations committed by the Managing Committee in the matter of the conduct of the affairs of the Society, and the directions issued by the Government are redundant and therefore there is no need for the Government to suspect or have any apprehensions about the conduct of the affairs of the Society. 2. Heard the Learned Counsel for the Review Petitioner. 3. While the enquiry officer has not found any irregularities in the financial transactions of the Society and in the conduct of the elections of the Managing Committee, which have been conducted as per provision of the Cooperative Act 1964, however, it is seen from the minutes and resolution of the Managing Committee of the Society that the Society has taken a decision to sell white fish at a very paltry sum of Rs.28/- per Kg prawns Rs.80/- per Kg and other fish at Rs.20/- per Kg where as the market price of these fish is much more. The Oora tank of Jaggaiahpet has an area of 58 hectares. While some area of the water spread is infested with aquatic plants, however, the effective water spread area available is about 43 hectares. In such a huge tank there should be plenty of fish. Auctioning the fish stock in the tank at such paltry amounts very clearly indicates that the decision of the Society to sell fish at the rates approved by the Committee in its meeting held on 12-3-2011 is not in the best interests of the member of the Society and for their collective benefit. The Society’s (P.T.O)::2:: best interests have not been served by the Committee members and that by conducting a proper auction in a fair and transparent manner it would enable the Society members to earn much more than what they are would get if the sale is permitted according to the decisions of the Committee. Therefore the Government had in its order given direction to the Deputy Director of Fisheries to conduct an open auction in the presence of the Society members and ensure that the correct and true value of the fish is earned by the Society and that middlemen and others do not exploit the Society which comprises of poor fishermen. In view of the above circumstances and the Government after careful examination of the matter find no reasons to consider this Revision Petition, as the orders of Government are entirely in keeping with the provisions of the Cooperative Act and are in the larger and best interests of the Society and its members and in the interest of the welfare of the poor fishermen members of the society who eek out a livelihood from fishing in the tank. The Government leases out the tanks to the fishermen societies at nominal lease value as a welfare measure for the fishermen and the Government cannot allow the Societies to be exploited by middlemen and contractors. Accordingly the Review Petition is disposed off. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) S. BHALE RAO SPECIAL CHIEF SECRETARY TO GOVERNMENT To 1) Sri Konda Kotiaah, S/o Chinna Pullaiah, President Jagaiahpet Fishermen Cooperative Society Ltd., Jaggaiahpet Village & Mandal, Krishna District. 2) Sri. Letadla Adinarayana,S/o Late Pullaiah, Fisherman, Jaggaiahpet Village & Mandal,Krishna District. Copy to: The Commissioner of Fisheries, A.P.Hyderabad The Deputy Director of Fisheries, Krishna District, Machilipatnam. M/S. CH.Ramesh Babu, CH.Uma Sanker, Advocates, Chambers 401, IV Floor,Tirumala Towers, Judges Colony, Malakpet, Hyderabad-500 036. M/s.P.Prabhakara Rao & S.Sudarsha, Advocates, D.No.16-2-742/F/15, Road No.2, Andhra Bank Colony, Malakpet,Hyderbad-500036. Sf/Sc. //FORWARDED :: BY ORDER// SECTION OFFICER.