Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 34765 (CHH)

OM MAHILA SWA SAHAYATA SAMUH KASHIGARH v. STATE OF CHHATTISGARH

WPC/3675/2025 · 2025-07-17

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:33946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3675 of 2025 1 - Om Mahila Swa Sahayata Samuh Kashigarh Tahsil- Jaijaipur, District- Sakti (C.G.) Through The President- Smt. Sushma Chandra W/o Shri Khirendra Chandra, Aged About- 43 Years, R/o Village And Post Kashigarh, Police Station And Tahsil Jaijaipur, District- Sakti (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District- Raipur (C.G.) 2 - Collector Sakti District- Sakti (C.G.) 3 - Assistant Director Fisheries Department Of Fisheries Charauda, Tahsil- Malkharoda, District- Sakti (C.G.) 4 - Sub Divisional Officer (Revenue) Sakti District- Sakti (C.G.) 5 - Janpad Panchayat Jaijaipur Through The Chief Executive Officer, Janpad Panchayat Jaijaipur, District- Sakti (C.G.) 6 - Fisheries Inspector Janpad Panchayat Jaijaipur, District- Sakti (C.G.) 7 - Gram Panchayat Kashigarh Through The Secretary Gram Panchayat Kashigarh, Janpad Panchayat Jaijaipur, District- Sakti (C.G.) 8 - Jai Mahamaya Machua Sahakari Samiti Maryadit Kashigarh Tahsil- Jaijaipur, District- Sakti (C.G.) Through The President- Bharat Lal Kahra S/o Shri Manharan Kahra, R/o Village And Post Kashigarh, Police Station And Tahsil Jaijaipur, District- Sakti (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Ramesh Nayak, Advocate For Respondent/State For Respondent No. 8 : : Mr. Praveen Das, Dy. A.G. Mr. Soumitra Kesharwani, Advocate 2 Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 18/07/2025 1. By way of the present petition, the petitioner has prayed for the following reliefs: “10.1 That, this Hon’ble Court may kindly be pleased to call the entire records from the respondents authorities for its kind perusal. 10.2 That, the Hon’ble High Court may kindly be pleased to quash the impugned permission order dated 31.03.2025 (Annexure P/8) issued by respondent no. 3. 10.3 That, any other relief, which this Hon’ble Court may deemed just and fit in the facts and circumstances of the case.” 2. Learned counsel for the petitioner contended that the petitioner society is a registered society under the C.G. Society Registration Act, 1973. Residents of village Kashigarh, Tahsil- Jaijaipur, District- Sakti are the members of the petitioner society. As per the direction of the respondent no. 3, respondent no. 7 issued advertisement on 07.06.2023 in the newspaper and also affixed advertisement in the office of respondent no. 7 for the allotment of the government ponds namely Paitu Talab, Baiman Talab, Fulwari Talab, Dongia Talab, Bandhwa Talab for the purpose of fisheries for 10 years on lease. On 19.06.2023, petitioner society submitted application before respondent no. 7 passed resolution for allotment of 5 government ponds for the purpose of fisheries. On 13.07.2023 respondent no. 7 sent letter to respondent no. 6 along with 3 the copy of the resolution dated 04.07.2023 passed by respondent no. 7. On 04.09.2024 the respondent no. 3 issued impugned permission order whereby the respondent no. 7 is directed to execute lease agreement of the 4 ponds of Gram Panchayat Kashigarh in favour of the respondent no. 8. 3. Learned State counsel opposes the submission made by learned counsel for the petitioner. 4. Learned Counsel for respondent no. 8 presented the copy of agreement dated 09.06.2025 and other relevant documents. 5. The documents are taken on record. Learned counsel for respondent no. 8 is directed to supply the copy of the agreement dated 09.06.2025 to the counsel for the petitioner. 6. Heard learned counsel for the parties and perused the record with utmost circumspection. 7. Since, the petitioner has not challenged the agreement dated 09.06.2025, therefore the present petition is not maintainable. 8. Accordingly, the present petition is dismissed as not maintainable. However the petitioner is at liberty to file fresh petition if any cause of action arises. Sd/- (Arvind Kumar Verma) JUDGE Madhurima