MAA MANSA DEVI DHEEWAR MACHHUA SAHKARI SAMITI MARYADIT v. STATE OF CHHATTISGARH
WPC/1944/2025 · 2025-04-21
Shri Amitendra Kishore Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18338 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18338 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:17846
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1944 of 2025 1 - Maa Mansa Devi Dheewar Machhua Sahkari Samiti Maryadit Godhna, Post Office Godhna, Through Its President Shiv Kumar Dheewar Son Of Atma Ram Dheewar, Aged About 65 Years, R/o Ward No. 15, Milan Chowk Godhna, District Janjgir-Champa (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Agriculture/ Fisheries Department, Mahanadi Bhawan, Atal Nagar, Nawa
Raipur,
District
Raipur
(C.G.) 2 - Collector Janjgir, District Janjgir- Champa (C.G.) 3 - Assistant Director Fisheries, Janjgir, District Janjgir- Champa (C.G.) 4 - Deputy Director Fisheries, Janjgir, District Janjgir-Champa (C.G.) 5 - Sarpanch/ Secretary Gram Panchayat Godhna, Janpad Panchayat Nawagarh, District Janjgir-Champa (C.G.) ... Respondents (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Abhishek Sarag, Advocate For State :- Mr. Shreyansh Mehta, P.L. ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad
Order On Board 21.04.2025
1. By way of this writ petition, the petitioner has prayed for following VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.21 17:38:34 +0530
2 reliefs:-
“That, this Hon'ble Court may kindly be pleased to direct the respondent No.2 & 5 for grant of lease in favour of petitioner's society for fishing production in relating to the advertised ponds i.e. (1) Lanketar Talab, (2) Naya Talab (3) Purena Talab, (4) Nakta Talab (5) Vilasa Talab (6) Paithu Talab and (7) Naya Talab as per Naveen Machhali Palan Niti-2022. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent No.2 to grant lease and contract to the petitioner society for fishing work with regard to advertised ponds mentioned in the advertisement published in daily news paper (Annexure P-2) as per the provision Naveen Machhali Palan Niti-2022, which was filed along memo of this petition, while deciding the representations of the petitioner's society. 10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.”
2. Learned counsel for the petitioner submits that an advertisement was issued for grant of lease vide advertisement dated 15.06.2024 by the Sarpanch/Secretary, Gram Panchayat Godhna, Janpad Panchayat Nawagarh, District Janjgir Champa for grant of lease for fishing of the concerned pond Dongia Pond. The petitioner society being the registered society has filed an application for grant of lease for 10 years, however, even after filing of the said application on 25.06.2024 till date no decision has been taken, as such, the petitioner society seeking direction to the
3 respondent authorities to decide his application in accordance with law. 3. Learned State counsel submits that the earlier lease granted has come to an end as the period has already been expired, however, the decision has to be taken by the concerned authorities. 4. Considering the facts and circumstances of the case, the Collector Janjgir Champa is directed to seek explanation from the concerned Gram Panchayat as to why the application of the petitioner has not been decided and is pending till date. The concerned authorities, who has to decide this application especially the respondents No. 4 & 5, are directed to consider and decide the application of the petitioner preferably within a period of 15 days from the date of receipt of copy of this order.
While deciding the said application, the Collector, Janjgir Champa is
directed to take care of the fact that the application has not been decided from the year 2022 and after 15.06.2025, rainy season will start, in which the fishing operations are prohibited.
5. It is made clear that this Court has not expressed any opinion on the merits of the case. The concerned authority is at liberty to pass orders on its own merits, in accordance with law.
6. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha