Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7591
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5313 of 2024 1 Pusau S/o Shri Ganiram Verma, Aged About 60 Years R/o Village-Kirta And Post- Temri, Tahsil-Nandghat, District-Bemetara (C.G.) 2 Babulal S/o Shri Ganiram Verma, Aged About 57 Years R/o Village-Kirta And Post- Temri, Tahsil-Nandghat, District-Bemetara (C.G.) 3 Bhagwati Verma S/o Shri Same Lal Verma, Aged About 62 Years R/o Village-Kirta And Post-Temri, Tahsil-Nandghat, District-Bemetara (C.G.)
... Petitioner(s) versus 1 State Of Chhattisgarh Through- The Secretary, Revenue Department, Mahanadi Bhawan, New Mantralaya, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 The Collector, Bemetara, District-Bemetara (C.G.) 3 The Superintendent Of Police, Bemetara, District-Bemetara (C.G.) 4 The Sub-Divisional Officer (Revenue), Nandghat, District-Bemetara (C.G.) 5 The Tahsildar, Nandghat, Tahsil-Nandghat, District-Bemetara (C.G.) 6 The Station House Officer, Police Station-Nandghat, District-Bemetara (C.G.) 7 Naib-Tahsildar, Maro, Tahsil-Nandghat, District-Bemetara (C.G.)
2 8 Gram Panchayat Karamsen Through Secretary, Gram Panchayat Karamsen, Janpad Panchayat Nawagarh, District-Bemetara (C.G.) 9 Radheshyam Yadu S/o Shri Achalu Ram Yadu, R/o Village-Kirta, Post-Temri, Tahsil-Nandghat, District-Bemetara (C.G.) 10 Dharmendra Giri Goswami S/o Shri Dwarika Giri Goswami, R/o Village-Kirta, Post-Temri, Tahsil-Nandghat, District-Bemetara (C.G.) 11 Tirithram Yadu S/o Shri Ramnarayan Yadu, R/o Village-Kirta, Post- Temri, Tahsil- Nandghat, District-Bemetara (C.G.)
... Respondent(s) For Petitioner(s) : Shri R.S. Patel, Advocate For Respondent(s)/ State : Ms. Nupoor Sonkar, P.L.
Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 12/02/2025 Heard. 1. By the present writ petition the petitioner is seeking redressal of his grievance by the respondents No. 4, 5 & 6 as the respondents No. 10 & 11 who are alleged to have been awarded the lease of private pond which is owned by the petitioner for the purpose of pisciculture by respondent No. 9. 2. Learned counsel for the petitioner would submit that the respondent No. 9, in connivance with the respondent No. 7, auctioned the pond of the petitioner and allotted the same to respondent No. 10 & 11 in a forceful manner. He further submits that the pond in question is owned by the petitioner and there
3 is no relation of private pond with the gram panchayat also. He further submits that the pond in question is in his possession and he is doing pisciculture since last more than 4 to 5 years. 3.
Learned State counsel submits that in the present matter there it is a dispute between the petitioner and the private party and there is no interference of state authorities as the pond is owned by the petitioner and the petitioner has only apprise the Collector about the illegality committed by the respondents No. 9, 10 & 11. She further submits that the state authority will enquire the matter and take necessary steps. 4. I have heard learned counsel for the parties and perused the documents. 5. Perusal of the pleadings and the application submitted to the Collector shows that the pond in question is owned by the petitioner and he is doing pisciculture from 4 to 5 years, however respondent No. 9 in connivance with respondent No. 7 allotted the pond of the petitioner to respondent No. 10 & 11 for fishing right. The respondent No. 10 & 11 are trying to interfere with the possession of the petitioner. Considering the submission made by the petitioner, that he is still in possession of the pond in question, respondents No. 4 , 5 & 6 are directed to ensure that the respondents No. 9 , 10 & 11 shall not interfere with the possession of the petitioner and with the fishing work which is being done by the petitioner. The respondent No. 4 to 6 are directed to take necessary steps in accordance with law. 6. With the aforesaid observation, the petition stands disposed off. Sd/-
(Bibhu Datta Guru)
JUDGE Jyoti