1 2025:CGHC:60521 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6186 of 2025 1. Hemlata Nishad W/o Ghanaram Nishad Aged About 36 Years President- Maa Mahila Swasahayata Samuh R/o Village Kopra, Block- Fingeshwar, Distt- Gariyaband (C.G.) ... Petitioner versus 1. State of Chhattisgarh Department of Agriculture And Farmer Welfare And Bio-Technology, Through Its Secretary, Mahanadi Bhawan, Nava Raipur Distt- Raipur (C.G.) 2. Director Department of Fisheries Indrawati Bhawan, Nava Raipur, Distt- Raipur (C.G.) 3. Additional Commissioner, Raipur Division, Raipur, Distt- Raipur (C.G.) 4. Assistant Director Fisheries Gariyaband District Gariyaband (C.G.) 5. Collector Gariyaband District- Gariyaband (C.G.) 6. Chief Executive Officer Zila Panchayat- Gariyaband District- Gariyaband (C.G.) 7. Chief Municipal Officer Nagar Panchayat Kopra, District- Gariyaband (C.G.) 8. Yogeshwari Sahu The Then President- Gram Panchayat Kopra, Block- Fingeshwar, Distt- Gariyaband (C.G.) 9. Kishan Sahu The Then Secretary, Gram Panchayat Kopra, Block- Fingeshwar, Distt- Gariyaband (C.G.) ... Respondents SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI Date: 2025.12.16 10:49:10 +0530 2 For Petitioner : Mr. Rajneesh Singh Baghel, Advocate For Respondents No.1 to 5 : Mr. Ranbir Singh Marhas, Addl. Adv. General SB: Hon'ble Shri Justice Parth Prateem Sahu Order on Board 12/12/2025 1. Petitioner has filed this writ petition challenging the order dated 9.10.2025, Annexure P-1, passed by respondent No.3 in exercise of powers under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short ‘the Adhiniyam, 1993’) thereby dismissing the appeal filed by petitioner against the order dated 17.3.2025, Annexure P-2, by which respondent No.5 has cancelled fishing lease granted in favour of petitioner. 2. Learned State Counsel raises an objection with regard to maintainability of writ petition on the ground that under Section 65 of the Adhiniyam, 1993 the power to grant lease of pond is vested with the Panchayat and against any order passed granting lease on ponds, provisions of Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 will apply and as such, petitioner has rightly approached the Commissioner by filing an appeal under Section 91 of the Adhiniyam, 1993. He contended that according to the Rules of 1995, remedy of filing revision is available under Rule 5 of the Rules of 1995. 3. Learned counsel for petitioner opposed submission of learned State Counsel and submits that according to agreement in the 3 prescribed format available in the fishing policy, in case of dispute, the lessee or lessor is having remedy to file proceeding before the Director and that would be final. It further provides remedy of further appeal before the State Government. 4. Heard learned counsel for respective parties. 5. Taking into consideration submission of learned for the State, provision under Section 65 of the Adhiniyam, 1993 and further that the Commissioner has entertain the appeal under Section 91 of the Adhiniyam, 1993 and passed the order on merits of claim of petitioner vide Annexure P-1, in the opinion of this Court, the writ petition is not maintainable as the petitioner is having efficacious alternate remedy of filing revision before the Director (Panchayat) and as such, I am not inclined to entertain this writ petition because of alternate remedy. 6. Consequently, writ petition is dismissed,, reserving liberty to petitioner to avail alternate statutory remedy available to him under the law. 7. Registry is directed to return original certified copies of documents filed along with writ petition after retaining photocopy of the same. Sd/- (Parth Prateem Sahu) Judge roshan/- 4