1 2025:CGHC:37117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3894 of 2025 Jai Bhole Matasyodyog Sahkari Samiti Maryadit Khudmundi Through Its President Santosh Nishad S/o Buttu Nishad, Aged 44 Years, R/o Village Khudmundi Tahsil Bemetra District Bemetra Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, New Raipur, Atal Nagar, Raipur Chhattisgarh 2 - The Collector (Fisheries Department) Bemetra District Bemetra Chhattisgarh 3 - Assistant Director (Fisheries Department) Bemetra District Bemetra Chhattisgarh 4 - Chief Executive Officer Janpad Panchayat Bemetra District Bemetra Chhattisgarh 5 - Sarpanch Gram Panchayat Bhainsa Bemetra District Bemetra Chhattisgarh 6 - Secretary Gram Panchayat Bhainsa Bemetra District Bemetra Chhattisgarh ... Respondents For Petitioner : Mr. Nishi Kant Sinha, Advocate For State-Respondent No.1- 3 : Mrs. Upasana Mehta, Dy. Govt. Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.30 17:12:07 +0530 2 30.07.2025 1. By way of this petition, the petitioner is seeking for the following reliefs:- a. That, this Hon’ble Court may kindly be pleased to direct the respondent no. 6 to execute the registration of lease deed of the ponds, Bade Talaab Khasra No. 614 and Paithu Talaab Khasra No. 612 situated at Village Bhainsa District Bemetra (C.G.) in compliance of order dated 12.07.2022 issued by respondent no. 3 within some stipulated period, in the larger interest of justice b. That, the Hon’ble Court may kindly be pleased to direct the respondent no. 2 & 4 to issue the appropriate order directing the respondent no. 6 to execute the registration of lease deed/ agreement in compliance order dated 12.07.2022 and 17.06.2025 issued by respondent no. 3. c. That this Hon’ble Court may kindly be pleased to direct the respondent authorities to take necessary coercive action against the respondent no. 6 for not discharging his official duty by not executing the lease deed/agreement in compliance of order dated 12.07.2022 and 17.06.2025 issued by respondent no. 3. 2. Learned counsel for the petitioner submits that the only grievance of the petitioner is that Respondent no. 6/Secretary Gram Panchayat Bhainsa has acted illegally by not executing the registration of lease deed of the pond Bade Talaab bearing Khasra No. 614 and Paithu Talaab bearing Khasra No. 612 situated at Village Bhainsa, District-Bemetra, Chhattisgarh despite the fact that the petitioner has been granted the aforesaid pond on lease for 10 years and after following the due process of law vide order dated 12.07.2022 by the respondent no. 3 along with the 3 approval of the respondent no. 2/Collector. 3. He further submits that vide advertisement issued dated 28.01.2022 by the respondent n. 3, petitioner participated in the said allotment process and thereafter respondent no. 3 issued direction to respondent no. 6 to execute a lease deed in favor of the petitioner and submit the same to the department. But respondent no. 6 failed to execute the same. Thereafter petitioner being aggrieved of the inaction on the part of respondent no. 6, filed several complaints to the respondent authorities. Thus the respondent no. 5 has acted in an illegal manner and is restraining the petitioner from doing fisheries work in the pond without any authority to do so which goes to show the malafide intention of respondent no. 6. 4. On the other hand, learned counsel for the respondent/State submits that direction may be given to the petitioner to file a fresh representation before the Respondent No. 2/Collector, so that it could be decided in accordance with law. 5. I have heard learned counsel for the respective parties, perused the record with utmost circumspection. 6. Bare perusal of the record available, reveals that as per Annexure P/2, on 12.07.2022 Respondent no. 3/Assistant Director (Fisheries Department) Bemetra, C.G. has alloted patta of the ponds Bade Talaab bearing khasra no. 614 and Paithu Talaab bearing khasra no. 612 both ponds are situated at Village Bhainsa, District- Bemetra, Chhattisgarh for a period of 10 years. 4 The same was received by respondent no. 6/Secretary, Gram Panchayat, Bhainsa on 21.07.2022. As per Annexure P/5, the respondent no. 6 vide letter dated 17.06.2025 was directed by respondent no. 3 to execute the lease deed of the said ponds, but respondents no. 5 and 6 replied by a letter mentioning therein that since the petitioner has not submitted the document of the patta granted in his favor, gram panchayat cannot grant patta of the said ponds in his favor and respondent no. 5 and 6 also challenged the same by way of filing a petition before this Court bearing WPC No. 2816/2025 which is under consideration. 7. Looking to the facts and circumstances of the case, the submission made by the learned counsel for both the parties and also considering the limited grievances of the petitioner, it is crystal clear that a notice dated 17.06.2025 was made to respondent no. 6 in which it was directed to take a decision on the execution of lease deed of the ponds in question, but till now no decision has been taken, therefore, in order to redress the grievances of the petitioner, petitioner is directed to file a fresh representation before respondent no. 2/Collector within 15 days from the date of receipt of copy of this order and in turn respondent no. 2/Collector shall decide the representation made by the petitioner within 120 days from the date of filing of the representation. 8. Accordingly, with the aforesaid direction the present petition stands disposed of. 5 Certified copy as per rules. sd/- (Arvind Kumar Verma) alfiza JUDGE