1 2025:CGHC:18650 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5200 of 2024 Raj Machhua Sahkari Samiti Maryadit Village Jharra (Registration No. 409) Through Its President Mohan Lal Son Of Sonau Ram, Aged About 39 Years, Resident Of Village Jharra, Janpad Panchayat Bamhinideeh, District- Janjgir-Champa, C.G. --- Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Agriculture / Fisheries Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, C.G. 2 - Collector Janjgir, District- Janjgir-Champa, C.G. 3 - Chief Executive Officer Zila Panchayat Janjgir-Champa, District- Janjgir-Champa, C.G. 4 - Chief Executive Officer Janpad Panchayat Bamhinideeh, District- Janjgir-Champa, C.G. 5 - Assistant Director Fisheries, Janjgir, District- Janjgir-Champa, C.G. 6 - Gram Panchayat Mohgaon Through Sarpanch, Gram Panchayat Mohgaon, Janpad Panchayat Bamhinideeh, District Sakti, C.G. --- Respondents WPC No. 5221 of 2024 Raj Machhua Sahkari Samiti Maryadit Village Jharra (Reg. No. 409) Village Jharra (Registration No. 409) Through Its President Mohan Lal Son Of Sonau Ram Aged About 39 Years R/o Village Jharra, Janpad Panchayat Bamhinideeh, District Janjgir-Champa (C.G.) ---Petitioner YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.04.25 17:51:33 +0530 2 Versus 1 - State Of Chhattisgarh Through The Secretary, Ministry Of Agriculture/ Fisheries Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur , District Raipur (C.G.) 2 - Collector Janjgir District Janjgir- Champa (C.G.) 3 - Chief Executive Officer Zila Panchayat Janjgir -Champa, District Janjgir -Champa (C.G.) 4 - Chief Executive Officer Janpad Panchayat Bamhinideeh, District Janjgir -Champa (C.G.) 5 - Assistant Director Fisheries Janjgir District Janjgir- Champa (C.G.) 6 - Gram Panchayat Jharra Through Sarpanch, Gram Panchayat Jharra, Janpad Panchayt Bamhinideeh, District Sakti (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Ishwar Jaiswal, Advocate For Respondents-State : Ms. Upasana Mehta, Dy. G.A. For Respondent No.3 & 4 : Mr. Gagan Tiwari, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 24.04.2025 1 Since common question has been involved in both the petitions, they have been clubbed together, heard together and decided by this common order. 2 In WPC No.5200/2024, the petitioner has prayed for following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call the entire record pertaining to the case for its kind perusal. 3 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent No.2/Collector to grant lease and contract to the petitioner society for fishing work with regard to the ponds as mentioned in the representation, while deciding the representations (Annexure P-5) made by the petitioner's society. 10.3 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 ponds situated at Gram Panchayat Mohgaon, as per the provision mentioned in the fishing policy in para No.1.18, which was filed along memo of this petition, while deciding the representations of the petitioner's society. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3 In WPC No.5221/2024, the petitioner has prayed for following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to call the entire record pertaining to the case for its kind perusal. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent No.2/Collector to grant lease and contract to the petitioner society for fishing work with regard to the ponds as mentioned in the representation, while deciding the 4 representations (Annexure P-5) made by the petitioner's society. 10.3 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 pands situated at Gram Panchayat Jharra, as per the provision mentioned in the fishing policy in para No.1.18, which was filed along memo of this petition, while deciding the representations of the petitioner's society. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 4 It has been submitted by learned counsel for the petitioner that the petitioner's society was registered in the year 2013, at the relevant time, the petitioner society is registered in the name and style as "Raj Machhua Sahkari Samiti Maryadit Gram Jharra" and having more than 40 members in their society, who are engaged in the fishing work for their livelihood and they were only depend upon fishing production. He further submits that earlier the petitioner's society allotted four ponds namely Manoharbandh, Thakurdiya, Dongiya, Baiman on lease situated at Village Mohgaon for 10 years by the Office of Collector, District Janjgir- Champa (C.G.) as well as three ponds namely Kapoorband, Chherchhera and Jagannath on lease situated at Village Jharra for 10 years by the Office of Collector, District Janjgir-Champa (C.G.). It has been contended that after the lapse of 10 years, the 5 lease was expired and the petitioner’s society moved an application before the concerned Gram Panchayat, Mohgaon as well as Gram Panchayat, Jharra for grant of lease of ponds for fishing production. It has been further contended that a representation has also been moved by the petitioner's society for grant of lease of pond for fishing production before the Deputy Director, Panchayat Department on 25.06.2024 and the same has been forwarded to the office of Collector, Chief Executive Officer, Zila Panchayat as well as Chief Executive Officer, Janpad Panchayat of District Janjgir-Champa (C.G.), thereafter respondent No.6 had not allotted the ponds for fishing production and therefore, the petitioner's society has again moved a representation to the Collector, Janjgir-Champa (C.G.) for grant of lease of the ponds of Gram Panchayat Mohgaon as well as Gram Panchayat Jharra because there is provision in "Machhua Niti in para No.1.18. that if the allotment is not done within 06 months after the expiration of lease, then the Collector is having authority to allot lease to anyone, who made application for grant of lease, but till date, no action has been taken by the respondent authorities for grant of lease, as such, the petitioner-society seeking direction to the respondent authorities to decide his application in accordance with law. 5 Learned State counsel submits that the earlier lease granted has come to an end as the period has already been expired, however, the decision has to be taken by the concerned authorities. 6 6 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.3 to 5 in WPC No.5200/2024 and respondents No.2 to 5 in WPC No.5221/2024, are directed to consider and decide the application of the petitioner-society preferably within a period of 15 days from the date of receipt of copy of this order. 7 It is made clear that this Court has not expressed any opinion on the merits of the cases. The concerned authority is at liberty to pass orders on its own merits, in accordance with law. 8 With the aforesaid observation/direction, the instant petitions are hereby disposed of. Sd/-/- - (Amitendra Kishore Prasad) Judge Yogesh