1 2025:CGHC:54040-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5672 of 2025 Ajay Kumar Nishad S/o Late Indu Lal Nishad Aged About 46 Years Authorized Member Naveen Matsya Sahakari Samiti Maryadit, Raipura, Raipur Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Fisheries, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar Chhattisgarh 2 - The Deputy Director (Fisheries) District Raipur, Chhattisgarh 3 - The Commissioner Municipal Corporation Raipur, Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Akhilesh Mishra, Advocate For Respondent(s) : Mr. S.S. Baghel, Dy. G.A. and Mr. Pankaj Agrawal, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Judgment on Board Per Ramesh Sinha , Chief Justice 06.11.2025 1. Heard Mr. Akhilesh Mishra, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Deputy Government Advocate for respondents / State and Mr. Pankaj Agrawal, learned counsel for MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.07 10:36:42 +0530 2 respective respondent. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 That, this Hon'ble Court may kindly be pleased to allow the writ petition and may further be pleased to issue an appropriate writ, order or direction directing the Respondents to take a final decision on the tender/lease allotment process initiated vide Notice No. 1005/Com- Fish/Na.Pa.Ni./2024 dated 17.09.2024, within a fixed time frame; (Annexure A/1) 10.2 That, this Hon'ble Court may kindly be pleased to Direct the Respondents to give due preference and fair consideration to the Petitioner Society for re- allotment of the ponds at Raipura Ward No. 69, Raipur, being the previous licensee and a cooperative of local fishermen; 10.3 That, this Hon'ble Court may kindly be pleased to Restrain the Respondents from allotting the said ponds to any third party until the Petitioner's claim is decided 10.4 That, this Hon'ble Court may kindly be pleased to, grant any other relief(s) deemed fit and proper in the interest of justice and equity.” 3. Brief facts of the case are that the petitioner is a duly registered Co-operative Society under the Chhattisgarh Co-operative Societies Act, 1960, engaged in fish farming and allied livelihood activities under the name Naveen Matsya Sahakari Samiti Maryadit, Raipura, Raipur (C.G.). The Petitioner Society comprises approximately 150 poor 3 fishermen families, primarily belonging to Scheduled Castes and economically weaker sections, who are entirely dependent on fish farming in local ponds for their livelihood and sustenance. The Petitioner Society has been lawfully carrying out fishery operations in the ponds situated at Raipura, Ward No. 69, Raipur, namely - Leemahi, Parkhatia, Garhi, and Baba Kuti Ponds (Serial Nos. 33, 34, 35, and 36) - under valid lease allotments granted earlier by the Municipal Corporation, Raipur. On 17.09.2024, Respondent No. 3 i.e. Municipal Corporation, Raipur issued a Public Tender Notice No. 1005/Com- Fish/Na.Pa.Ni./2024, inviting applications for lease of the aforesaid ponds for fishery purposes for a period of ten years. The Petitioner Society, being eligible, experienced, and having a proven record of successful fishery operations, submitted its application within the prescribed period along with all requisite documents, including registration certificates, NOC, and proof of earlier performance. Despite the lapse of more than one year since the issuance of the said tender notice, the respondents have failed to take any decision regarding the allotment of the ponds or the finalization of the tender process. No communication of acceptance or rejection has been conveyed to the petitioner. Due to this prolonged and unexplained inaction, the petitioner Society and its 150 member families have been deprived of their only means of livelihood, resulting in acute financial distress and hardship. The ponds, which were previously maintained and utilized productively by the petitioner, are now lying neglected and unused, causing wastage of natural resources and deterioration of water quality, thereby affecting 4 their future utility for fishery activities. The arbitrary and unreasonable inaction of the respondents amounts to a clear violation of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India, as it deprives the petitioner and its members of their right to equality, fair opportunity, and livelihood. The petitioner has made several written and oral representations before the respondent authorities seeking expeditious finalization of the tender process, but no positive action has been taken till date, hence this present petition. 4. Learned counsel for the petitioner submits that the inaction of the respondent authorities in finalizing the tender process pursuant to Public Tender Notice No. 1005/Com-Fish/Na.Pa.Ni./2024 dated 17.09.2024, despite the petitioner’s due participation and fulfillment of all requisite conditions, is arbitrary, unreasonable, and violative of Articles 14 and 21 of the Constitution of India. It is submitted that the petitioner, a duly registered Co-operative Society consisting of about 150 poor fishermen families belonging to Scheduled Castes and economically weaker sections, has been lawfully engaged in fish farming activities for several years and is entirely dependent upon the same for livelihood. The respondents’ prolonged and unexplained delay in taking any decision regarding the allotment of ponds, or even communicating acceptance or rejection of the petitioner’s bid, has caused grave financial hardship and rendered the members of the petitioner society unemployed. It is further contended that the ponds in question are lying neglected and unutilized, leading to deterioration of water quality and wastage of natural resources, which is detrimental 5 both to public interest and to the subsistence of the petitioner’s members. The arbitrary and apathetic attitude of the respondents, who are public authorities within the meaning of Article 12 of the Constitution, amounts to abdication of their statutory duties and is amenable to the writ jurisdiction of this Hon’ble Court. 5. Learned counsel for the respondents submits that there is no deliberate inaction or arbitrariness on the part of the respondent authorities in the present matter. It is submitted that the tender process initiated vide Public Tender Notice No. 1005/Com-Fish/Na.Pa.Ni./2024 dated 17.09.2024 pertains to the lease of several ponds situated within the jurisdiction of the Municipal Corporation, Raipur, and that the finalization of the said process involves multiple stages of scrutiny, verification of eligibility, and compliance with procedural formalities under the applicable Government guidelines and tender conditions. It is further submitted that the delay, if any, has occurred due to administrative reasons and inter-departmental correspondence concerning the verification of existing leases, environmental clearance, and updated survey reports, and not because of any mala fide intention or negligence on the part of the respondents. Further, the petitioner has no vested right to seek mandatory allotment merely on the basis of its participation in the tender process, and that the authorities are within their rights to take a considered decision in the larger public interest. It is also submitted that necessary steps are being taken to complete the process in accordance with law, and as soon as the required administrative approvals are received, appropriate decisions shall be 6 taken regarding the allotment of ponds. Hence, the petition, being premature and devoid of cause of action, deserves to be dismissed. 6. We have heard learned counsel for the parties and perused the documents appended with the petition. 7. Considering the submissions advanced by learned counsel for the parties, this Court finds that the grievance of the petitioner pertains to the non-finalization of the tender process initiated vide Public Tender Notice No. 1005/Com-Fish/Na.Pa.Ni./2024 dated 17.09.2024, issued by the Municipal Corporation, Raipur, for allotment of ponds for fishery purposes. The record indicates that despite the petitioner’s participation and submission of requisite documents, no decision has been communicated to it till date. 8. In the considered opinion of this Court, it would be appropriate that the said tender is finalized expeditiously by the competent Court. Accordingly, the present petition stands disposed of with a direction to the respondents No.2 and 3 i.e. Deputy Director (Fisheries), District- Raipur and Commissioner, Municipal Corporation Raipur, to consider and finalize the tender process initiated vide Public Tender Notice No. 1005/Com-Fish/Na.Pa.Ni./2024 dated 17.09.2024, issued by the Municipal Corporation, Raipur, strictly in accordance with law, within a period of three weeks from the date of receipt of a certified copy of this order. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Manpreet