1 2025:CGHC:53031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3719 of 2022 1 - Ma Bhuneshwari Mahila Swa Sahayata Samooh, Chhirpani Through Its President Smt. Sushila W/o Gopal Singh Gond A/a 39 Years, R/o Village Chhirpani, Police Station Kukdur, Tahsil (Tahsildar) Pandariya, District Kabirdham, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Janpad Panchayat Pandriya,, District Kabirdham, Chhattisgarh 2 - Chief Executive Officer, Janpad Panchayat Pandriya, District : Kabirdham, Chhattisgarh 3 - Krashi Sthayee Samiti Janpad Panchayat Pandariya, District : Kabirdham, Chhattisgarh 4 - Sanskar Mahila Swa Sahayata Samooh, Saraipatera, Through Its President- Radha Bail W/o Lalit Dhurve, Aged About 45 Years R/o Village Saraipatera, Tashsil Pandariya, 5 - Sanskar Mahila Swa Sahayata Samooh, Saraipatera Through Its President Chitralekha W/o Kartik Dhurve, Aged About 47 Years R/o Village Saraipatera, Tashsil Pandariya, District : Kabirdham, Chhattisgarh --- Respondent(s) ____________________________________________________________ For Petitioner : Mr. Rajesh Jain, Advocate For State/Respondent No.1 : Mr. Pranjal Shukla, P.L. For Respondent No.2 and 3 : Mr. Gagan Tiwari, Advocate For Respondents No.4 & 5 : Mr. Abhipreet Bajpai on behalf of Mr. Dharmesh Shrivastava, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.04 16:42:59 +0530 2 30/10/2025 1. Petitioner has filed this petition challenging the impugned order dated 13.07.2022, whereby appeal preferred by petitioner against allotment of Mohpad pond, situated at Village Chhindipara, Village Panchayat Saraiset to respondent No.4 and 5 came to be dismissed. 2. Learned counsel for petitioner submits that pursuant to the letter/advertisement dated 05.10.2019 for allotment of ponds, situated within territorial jurisdiction of Janpad Panchayat Pandariya, petitioner submitted an application for allotment of pond of Mohpad of village Chhindipara, Village Panchayat Saraiset, however, claim of petitioner is rejected only on the ground that according to the guideline issued for allotment of ponds, the pond can be allotted only to local self help group or Machhuwa Sahkari Society or Machhuwa person. He contended that in the advertisement no such clause is mentioned but it is open for all. Against the decision taken for rejecting the claim of petitioner for allotment of pond on lease only on the ground that the petitioner is registered within address of other village i.e. Chirpani, petitioner preferred an appeal before the Collector, however, the Collector has dismissed the appeal observing that petitioner is not locally situated, which is erroneous and contrary to the contents of Annexure R-3 i.e. advertisement and clauses of guidelines issued by the State Government for allotment of pond situated within the State of Chhattisgarh. 3. Learned counsel for respective respondents opposes the submission and would submit that according to the policy formulated by the State government for allotment of pond, offering the local Machhuwa Cooperative Society, Machhuwa Groups or self help group, Machhuwa 3 person, specific clause is incorporated in Clause-3 of the policy formulated by the State Government to allot the pond only to Machhuwa Cooperative Society, Machhuwa Groups or Machhuwa person. He contended that according to the amended Clause-2, decision was taken to allot the pond to the self help group under Swarna Jayanti Gram Swarojgar Yojana, therefore, from the said amended clause it is more clear that the scheme is incorporated for self employment of self help groups. There is no error in finding recorded by Appellate Authority/Collector rejecting the claim of petitioner on the ground that petitioner self help group is of another village i.e. village Chhirpani. 4. I have heard learned counsel for parties and perused the documents enclosed along with petition as also the reply. 5. Copy of advertisement (Annexure R-3) would show that it was issued by the office of Janpad Panchayat dated 05.10.2019. It mentions that all the ponds as mentioned therein within territorial jurisdiction of Janpad Panchayat Pandariya, was decided to allot on lease to the interested persons/society or self help group. The submission of learned counsel for petitioner that as the name of village Chhirpani is also mentioned, therefore, self help group like petitioner is also eligible for submitting an application for grant of lease of the pond Mohpad, situated at village Chhindipara, Village Panchayat Saraiset in the face of the document, is not correct. The document Annexure R-3 clearly mentions name of ponds intended to be allotted on lease to the interested persons/society/self help groups. It also clarifies that the Sarpanch/Secretary to advertise by proclamation in their panchayat area. Contents of Annexure R-3 is clear that, it is a letter to village 4 panchayat, informing persons of concerned village panchayat by public announcement or proclamation in their respective panchayat area. 6. The policy of the State Government is also enclosed as Annexure R- 2/1, which is dated 24.03.2003. In the original policy, the lease of ponds situated within the village panchayat is to be allotted on preference basis to the persons/societies or the groups as mentioned in Class-2 i.e. registered Machhuwa Sahakari Samiti, Machhuwa Samuh and Machhuwa person in order of preference. Clause -2 further came to be amended vide letter dated 18.09.2007. The insertion is made of allotting the pond only to self help group under Swarna Jayanti Gram Swarojgar Yojana. Clause-3 of policy specifies that pond is to be allotted in order of preference as forming part of Clause-2 to the local Machhuwa Sahakari Samiti, Machhuwa Samuh and Machhuwa person and only if the said specified society, group or person is not available then it is to be allotted to the said society, group or person of nearby village. The clauses of policy is very clear as to how and to whom pond situated at village of panchayat/area is to be allotted. 7. As there is policy of the State Government to allot the pond to local society, group or person, therefore, it is to be read along with the amended clause of Clause 2 also by which the self help group who could be allotted a pond on lease for pisciculture should also be the local self help group. Respondents. No.4 and 5 are self help group of same village/Village Pancyayat where the Mohpad pond is situated. 8. Collector considered in its order that out of five applications for Mohpad pond, three applications are of other villages situated 5-6 k.m. 5 away from the village panchayat where pond is situated. One out of two local applicants does not fall within below poverty line, therefore, allotment of pond to respondent No.4 was found to be correct and dismissed the appeal, which in the opinion of this court in view of the discussions and particularly the guidelines issued by State Government cannot be said to be erroneous. 9. For the foregoing discussions and policy formulated by the State Government to up bring and provide an employment under the scheme of self employment to the local persons, self help group, cooperative society, or the machhuwa group, in the opinion of this Court, the appellate authority Collector has not committed any error in dismissing the appeal filed by the petitioner. The finding recorded by the Collector in view of the above discussions does not call for any interference. 10. Accordingly the writ petition being sans merit is liable to be and it hereby dismissed. Sd/- (Parth Prateem Sahu) Judge Balram