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2025 DAILYLAW 41567 (CHH)

GAURI MATSYA SAHAKARI SAMITY MYDT., v. STATE OF CHHATTISGARH

WPC/5413/2024 · 2025-01-22

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:4010 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5413 of 2024 1 - Gauri Matsya Sahakari Samity Mydt., Manpur, Through Its President Smt. Anju Sonwani W/o Debprakash Sonwani, Aged About 30 Years, R/o Manpur, House No. 232, Guru Ghasidas Chowk, P.O. Tulsi, P.S.-Tilda, District- Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Agriculture And Fisheries Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, District-Raipur, Chhattisgarh. 2 - The Director, Fisheries Department, Indrawati Bhawan, Atal Nagar, New Raipur, District-Raipur, Chhattishgarh. 3 - The Senior Agricultural Development OfÏcer, Tilda-Newara, Raipur, District- Raipur, Chhattisgarh. 4 - The Chief Executive OfÏcer, Janpad Panchayat, Tilda-Newara, Raipur, District-Raipur, Chhattisgarh. 5 - The President, Krushi Sthayi Samiti, Janpad Panchayat Tilda, Raipur, District-Raipur, Chhattisgarh. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.22 23:30:23 +0530 2 6 - Banjari Dai Machhua Sahakari Samiti Mydt., Kumhari, Tilda, District- Raipur, Chhattisgarh, Through Its President. ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri D.K. Swain, Advocate. For Respondents/State : Shri Satish Gupta, Govt. Advocate. For Respondent No. 6 : Shri Anup Majumdar, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 22.01.2025 1. By the present writ petition, the petitioner is questioning the resolution of the Janpad Panchayat Tilda dated 25.09.2024 by which the the Janpad Panchayat has proposed to allot Manpur Dam to the respondent no. 6. It is stated by the petitioner that the resolution which has been passed by the Janpad Panchayat will be forwarded to the Deputy Director Fisheries for allotment of lease of the pond in question to the respondent no. 6. 2. Learned counsel for the respondent/State would submit that the petitioner is questioning the resolution of the Janpad Panchayat, which is appealable under Section 85 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. Hence, the writ petition is not maintainable. 3. Learned counsel for the petitioner seeks to withdraw the writ petition with a liberty to approach the Deputy Director Fisheries to whom the resolution has to be forwarded. The liberty sought by the petitioner is granted and the petitioner may approach the Deputy Director 3 Fisheries. On the event, if the Janpad Panchayat forward the resolution passed on 25.09.2024 to the Deputy Director Fisheries. The Deputy Director shall consider the objection or case of the petitioner herein before taking any action on the resolution forwarded by the Janpad Panchayat. The Deputy Director is directed to take steps & pass necessary order within a period of 25 days from the date of forwarding the proposal by the Janpad Panchayat. 4. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib