PARTHMIK JANKALYAN MACHUA SAHKARI SAMITI MARYADIT, PACHEDA v. STATE OF CHHATTISGARH
WPC/4241/2025 · 2025-08-07
Shri Arvind Kumar Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38339 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38339 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:39710
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4241 of 2025 1 - Parthmik Jankalyan Machua Sahkari Samiti Maryadit, Pacheda Through Its President Shail Suryawanshy, Son Of Dwarika Prasad Suryawanshy, Aged About 39 Years, R/o House No. 213, Ward No. 14, Purena Para Pacheda, District Janjgir-Champa C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Agriculture/fisheries Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur C.G. 2 - The Collector, District Janjgir-Champa C.G. 3 - The Assistant/deputy Director, Fisheries, Janjgir, District Janjgir-Champa C.G. 4 - C.E.O. Jila Panchayat Janjgir-Champa, District Janjgir-Champa C.G. 5 - C.E.O. Janpad Panchayat Nawagarh, District Janjgir-Champa C.G. 6 - The Sarpanch/secretary, Gram Panchayat Pacheda, Janpad Panchayat Nawagarh, District Janjgir-Champa C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ishwar Jaiswal, Advocate For Respondent-State : Mr. Anurag Tripathi, P.L. Hon’ble Shri Justice
Arvind Kumar Verma
Order on Board 08/08/2025 Digitally signed by JYOTI JHA Date: 2025.08.13 11:30:11 +0530
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1. With the consent of the parties, the present petition is heard finally.
2. The present petition is filed by the petitioners with following relief(s):
“10.1. This Hon’ble Court may kindly be pleased to direct the respondent No. 2 to 6 for grant of lease in favour of petitioner society for fishing production in relating to the advertised ponds i.e. (1) Laulaha Talab, (2) Bamhan 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 Any other writs and directions that may be deemed fit and just in the facts & circumstances of case.”
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Learned counsel for the petitioner submits that an advertisement was issued for grant of lease vide advertisement dated 26.06.2024 by the Sarpanch/Secretary, Gram Panchayat, Pacheda Janpad Panchayat Nawagarh, District Janjgir Champa for grant of lease for fishing of the two ponds (1) Lalulaha Talab (2) Bamhan Talab. The petitioner society being the registered society has filed an application for grant of lease, however, even after filing of the said application on 10.07.2024 till date no decision has been taken, therefore on 12.08.2024, an application was submitted before the respondent No. 2 by the petitioner and thereafter on 23.08.2024, the petitioner society submitted their representation to the Deputy Director, Jila Panchayat, District Janjgir Champa. Therefore, again on 23.06.2025, the petitioner society again submitted an application which was moved through the president of petitioner society before the respondent No. 2, but again no action has been taken by the respondent No. 2, as such, the petitioner society
3 seeking direction to the respondent authorities to decide his application in accordance with law.
4. Learned State counsel submits that the case of the petitioner shall be decided in accordance with law.
5. 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. 2 to 6, 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 2024.
6. 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.
7. With the aforesaid observation(s)/direction, the instant petition is hereby disposed of. Sd/-
(Arvind Kumar Verma) Judge p Jyoti