MAA GANGA AA.JA. MACHHUWA SAHKARI SAMITI MARYADIT, BAHTARAI v. STATE OF CHHATTISGARH
WPC/662/2025 · 2025-01-31
Shri Bibhu Datta Guru
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 6953 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6953 (CHH) · dailylaw.ai ]
Judgment text
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2025:CGHC:5792
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 662 of 2025 1 - Maa Ganga Aa.Ja. Machhuwa Sahkari Samiti Maryadit, Bahtarai Through Its Secretary, Akhil, S/o Munshilal Pastariya, Aged About 36 Years, Janpad Panchayat Takhatpur, District- Bilaspur (C.G.)
Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Fisheries Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur C.G. 2 - Director Directorate, Fisheries Department, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - Deputy Director Directorate, Fisheries Department, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 4 - Collector Bilaspur District- Bilaspur C.G. 5 - Gram Panchayat Paand Through- Its Sarpanch, Gram Panchayat Paand, Janpad Panchayat Takhatpur, District- Bilaspur (C.G.)
Respondent(s) For Petitioner(s) : Mr. C.J.K. Rao, Advocate For Respondent(s) : Mr. Anmol Sharma, PL RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.01.31 17:14:09 +0530
2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 31/01/2025
1. By the present petition, the petitioner who is a registered Cooperative Society under the Chhattisgarh Cooperative Society Act, 1960, seeking direction towards the respondent authority to take steps for issuance of advertisement for allotment of ponds which are coming within the territory of Gram Panchayat Paand in light of the directions/ proceeding (Annexure-P/2).
2.
Learned counsel for the petitioner submits that there are five ponds namely Juni Talab, Paithu Talab, Nawa Talab, Dabri Talab and Thakurdev Talab coming within the territory of the Gram Panchayat Paand and the same have not been allotted to any of the society including the present petitioner. Though, the petitioner has approached the Gram Panchayat with a request to take steps for issuance of advertisement for allotment of the said ponds, but till date, the respondent/Gram Panchayat has not taken any initiative on the application submitted by the petitioner.
3.
Learned counsel for the State submits that it is the Gram Panchayat who can take initiative for allotment of the said ponds in favour of the societies who are eligible under the Fisheries Policy of the State.
4. I have heard counsel for the parties and perused the representation submitted by the application before the authority concerned.
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5. It is apparent that the petitioner is a Cooperative Society of Fishermen and they are eligible for allotment of the ponds which are coming within the territory of the Gram Panchayat Paand. As per the pleadings and the contention of the petitioner, it appears that though there are 5 ponds situated within the Gram Panchayat Paand, but the same have not been allotted to anyone.
6. Hence, it is directed that the Gram Panchayat Paand, Takhatpur, District Bilaspur shall take initiative for allotment of the said ponds within 60 days from today to the Fishermen who are eligible for the same, in accordance with the directions annexed as Annexure-P/2. The respondent authority are also directed to look into the issues and grievance of the petitioner.
7. With the aforesaid directions, the writ petition is disposed of.
Sd/- (BIBHU DATTA GURU)
JUDGE Rahul