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2025 DAILYLAW 8916 (CHH)

JALILUDDIN v. STATE OF CHHATTISGARH

WPC/1004/2022 · 2025-02-14

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:7974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1004 of 2022 1. Jaliluddin S/o Jyabuddin Aged About 46 Years Nivasi- Gram- Machkhanda, Thana- Seepat, Tehsil Masturi, Jila- Bilaspur Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Matsya And Pashupalan Vibhag, Mantralaya, Naya Raipur Jila Raipur Chhattisgarh 2. Sanchalak Matsya Prakshetra, Pashupalan Vibhag, Sanchalnalya G.E. Road, Civil Line, Raipur, Jila - Raipur Chhattigarh. 3. Collector Bilaspur, Jila - Bilaspur Chhattisgarh. 4. Up Sanchalak Karyalaya Upsanchalak Machhali Palan, Jila- Bilaspur Chhattisgarh. 5. Anuvibhagiya Adhikari Rajswa Masturi Jila- Bilaspur Chhattisgarh. 6. Mukhya Karyapalan Adhikari Janpad Panchayat Masturi Jila- Bilaspur Chhattisgarh. 7. Matsya Nirikshak Vikaskhand Masturi, Jila Bilaspur Chhattisgarh 8. Sarpanch/ Sachiv Karyalaya Gram Panchayat Machkhanda, Jila- Bilaspur Chhattisgarh. ... Respondents (Cause title is taken from the Case Information System) For Petitioners : Shri Abdul Moin Khan, Adv. appears on behalf of Shri Abdul Wahab Khan, Advocate For Respondent/State : Shri Shreyansh Mehta, Panel Lawyer For Respondent No.6 : Ms Madhunisha Singh, Advocate For Respondent No.8 : Shri Ratnesh Kumar Agrawal, Advocate 2 Order on Board By Bibhu Datta Guru, J. 14/2/2025 1. By the present writ petition, the petitioner is seeking for the following reliefs : 10.1 यह कि, उ्ቈरवादीगण ो किदशित किया जावे कि वे याचिा्ቈा ो ्ቇाम मखण्डा ቝኌ !त टेढ़वा तालाब ो मत् य पाल हेतु अकिवलंब आबंट रे ायवाही रे । 10.2 यह कि, उ्ቈरवादीगण ो किदशित किया जावे कि वे ासीय कियमाुसार याचि ो अचि/्ቇहीत तालाबों ा मुआवजा राशि ा भुगता रे ायवाही रें । 10.3 यह कि, अन्य अुतोष जो माीय न्यायालय उचित समझे उ्ቈरवादीगण से किदलाया जावें । 2. Learned counsel appearing for the petitioner would submit that earlier the petitioner had submitted an application before the respondent No.2 and pursuance to the said application, the Gram Panchayat has also submitted a proposal for grant of lease of Tedhwa Pond situated at village Machkhanda. By referring Annexures – P/2 & P/3, learned counsel would submit that pursuant to the said proposal, the petitioner has also deposited requisite fee before the Gram Panchayat, but till date no action has been taken. 3. Learned counsel appearing for the State, per contra, would submit that there is proper format for allotment of pond and the said format prescribed some mandatory documents, which are to be attached by the applicant at the time of applying for lease of pond. He would submit 3 that the petitioner has not filed the application for grant of lease of pond with proper format and hence the instant writ petition is premature. 4. I have heard learned counsel for the parties and perused the documents. 5. Perusal of pleadings and documents, it is manifest that the petitioner has not applied before the appropriate authority as per the prescribed format, sample copy of the format annexed by the State along with its return as Anneuxre-R/1. Thus, if the petitioner is inclined to apply for lease of Pond for pisciculture he may approach the appropriate authority by submitting application in prescribed format before the Fishery Department. In the event of submission of application in prescribed format by the petitioner, the concerned authority i.e. respondents No.2 to 8 shall consider and decide the same, in accordance with law and on its own merits and necessary steps be taken as per the extant guidelines and applicable law, as early as possible. 6. Accordingly, the present writ petition stands disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.02.17 12:48:13 +0530