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2025 DAILYLAW 31667 (CHH)

ANUSUCHIT JATI MAHILA MACHUA SAKARI SAMITI MARYADIT KOTMI SONAR v. STATE OF CHHATTISGARH

WPC/3626/2025 · 2025-07-13

Shri Arvind Kumar Verma

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Judgment text

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1 2025:CGHC:32528 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3626 of 2025 Anusuchit Jati Mahila Machua Sakari Samiti Maryadit Kotmi Sonar (Registration No. 171, Date 22.07.1996), Through Its President - Smt. Gend Bai Sonwani W/o Shri Ganesh Ram Sonwani, Aged About 62 Years, R/o Village - Kotmi Sonar, Janpad Panchayat Akaltara, District Janjgir-Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Fisheries/ Pisciculture, New Mantralaya, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 2 - The Director Department Of Fisheries / Pisciculture, New Mantralaya, Atal Nagar, Nava Raipur, District - Raipur (C.G.) 3 - The Collector District Janjgir-Champa (C.G.) 4 - The Chief Executive Officer Zila Panchyaat Janjgir-Champa, District Janjgir-Champa (C.G.), 5 - The Joint Director Department Of Fisheries / Pisciculture, Kulipota, District Janjgir-Champa (C.G.), 6 - The Assistant Director Department Of Fisheries / Pisciculture, Kulipota, District Janjgir-Champa (C.G.), 7 - The Sub Divisional Officer (Rev.) Sub Division Akaltara, District Janjgir-Champa (C.G.), 2 8 - The Chief Executive Officer Janpad Panchayat Akaltara, District Janjgir-Champa (C.G.), 9 - Gram Panchayat Kotmi Sonar Janpad Panchayat Akaltara, District Janjgir-Champa (C.G.),through Its Secretary. ---- Respondents For Petitioner : Mr. A.N. Bhakta, Advocate For State-Respondent : Mr. Satish Gupta, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/07/2025 Heard. 1. The petitioner has been filed this writ petition on the following relief(s) : “10.1 That the Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal. 10.2 That Hon'ble High Court may kindly be pleased to direct the Chief Executive Officer Zila Panchayat Janjgir-Champa and Chief Executive Officer, Janpad Panchayat Akaltara be directed to finalize the grant of lease for fishing of 10 years in favour of Petitioner society, within stipulated period, in the interest of justice. 3 10.3 That Hon'ble High Court may kindly be pleased to direct the Respondent authorities concerned further to execute the requisite agreement relating to grant of lease for fishing of 10 years in favour of the Petitioner society, in the interest of justice. 10.4 Any other relief, which this Hon'ble High Court deems fit and proper be also awarded.” 2. Learned Counsel for the petitioner submits that the petitioner is aggrieved by inaction on part of the Respondent authorities for not finalizing the grant of lease for fishing with regard to Bandhwa Talab Kotmi Sonar in pursuance to resolution passed by the Gram Panchayat Kotmi Sonar on 02.09.2024 (ANNEXURE P-1), whereas the Chief Executive Officer, Janpad panchayat Akaltara already send a letter to the Collector, District Janjgir-Champa as well as the Assistant Director (Fisheries) dated District Janjgir-Champa vide letter 16.10.2024 (ANNEXURE P-2), but till date the proceeding for grant of lease for 10 years in favour of the Petitioner has not been finalized. 3. Learned State Counsel submits that the concerned respondent is ready to decide the application/representation made by the petitioner. 4. Heard learned counsel for the respective parties and perused the record with utmost circumspection. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties, at this stage the petition is 4 disposed of directing to Respondent No.3- Collector, District Janjgir- Champa (C.G.) to consider and decide the proposal made by the CEO, Janpad Panchayat-Akaltara, District Janjgir-Champa (C.G.) to the Assistant Director, Department of Fisheries vide letter dated 16.10.2024 (Annexure P-2) and the petitioner’s application dated 19.07.2024 (Annexure P-5), expeditiously preferably within a period of ‘90 days’ from today by taking appropriate decision, in accordance with rules, regulations and law. 6. With the aforesaid direction, the present petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant