Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 29150 (CHH)

SHRI GANGA MAIYYA MACHHUA SAHAKARI SAMITI MARYADIT LAKHASAR (REG. NO. 368) v. STATE OF CHHATTISGARH

WPC/3451/2025 · 2025-07-06

Shri Arvind Kumar Verma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:30862 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3451 of 2025 Shri Ganga Maiyya Machhua Sahakari Samiti Maryadit Lakhasar (Reg. No. 368) Through Its President, Krishna Kumar Kenwat, S/o Shri Predeshi, Aged About 51 Years, Village Lakhasar, Block Takhatpur, District Bilaspur Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Fisheries Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Director Directorate, Fisheries Department, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - Collector District Bilaspur Chhattisgarh 4 - Sub Divisional Officer (R) Takhatpur, District Bilaspur Chhattisgarh. 5 - Deputy Director Fisheries Department, Bilaspur, District Bilaspur Chhattisgarh 6 - Sarpanch Gram Panchayat Lakhasar, Block Takhatpur, District Bilaspur Chhattisgarh. ... Respondent For Petitioner : Mr. C. Jayant K. Rao, Advocate For Respondent/State :Mrs. Akanksha Verma Dabhadker, P.L. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 07.07.2025 1. By way of this petition the petitioner seeks for following relief:- 2 “a. That, the Hon’ble Court may kindly be pleased to direct the respondent authorities to reserve only one pond for the purpose of nistari i.e. Pandey Talab. d. Any other relief, which this Hon’ble Court may deem fit and proper according to the facts and circumstances of the case along with the cost of the petition.” 2. Learned counsel for the petitioner submits that the petitioner society earlier filed a Writ Petition for allotment of pond having WP(c) No. 3803/2022, whereby the Hon’ble Court vide order dated 08.09.2022 disposed of the writ petition to consider and decide the representation of the petitioner. In pursuance of that the small ponds of the village has been allotted. That the Sub Divisional Officer reserved the pond namely Ramai Talab and Pandey Talab for the purpose of nistari. 3. He submits that as per the Fisheries Policy 2022, for the purpose of nistari only pond has been reserved means not more than one pond. That even in the earlier policy, it is specifically mentioned that for the purpose of nistari one pond will be reserved. The petitioner society along with villagers submitted their joint application before the Collector to release one pond namely Ramai Pond, but till date no action has been taken by the Collector in accordance with the Fisheries Policy. 3 4. On the other hand, learned counsel for the State opposes the prayer made by the learned counsel for the petitioner with respect to the relief sought by the petitioner. However, raised no objection with regard to direct the concerned respondent authority to decide the representation made by the petitioner expeditiously. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 6. Considering the aspects of the matter it is observed by this Court, the present petition states that there would be only one pond reserve as per the earlier policy but this court is of the considered opinion that there is no such rule which specifically states that only one pond will be reserved as per the new policy. Hence there is no such ground upon which the relief sought by the petitioner would be entertained. However, the representation which has been made by the petitioner before the Collector, District Bilaspur, Chhattisgarh which has not been decided till now. Therefore, this Court directs the respondent no. 3/Collector District Bilaspur, Chhattisgarh to decide the representation made by the petitioner with respect to release of one pond namely Ramai Pond expeditiously, in an objective manner. 4 7. With the aforesaid direction, the present petition stands disposed of. 8. Certified copies as per rules. sd/- (Arvind Kumar Verma) Judge alfiza