Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 10011 (CHH)

BHORAMDEV MACHHUA SAHKARI SAMITY MARYADIT v. STATE OF CHHATTISGARH

WPC/4924/2022 · 2026-04-30

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:20582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4924 of 2022 Bhoramdev Machhua Sahkari Samity Maryadit Raja Nawagaon, Tahsil And Block Bodla, District Kabirdham Chhattisgarh Registered No. 349/66, Through Its President, Ramchandra Shrivas S/o Prem Lal Shrivas, Aged About 50 Years, R/o. Raj Nawagaon, Tahsil Bodla, District Kabirdham Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development, Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - The Collector, (Fisheries Department), Kabirdham, District Kabirdham Chhattisgarh. 3 - Additional Collector, Kabirdham, District Kabirdham Chhattisgarh. 4 - Sub Divisional Officer, (Revenue) Bodla, District Kabirdham Chhattisgarh. 5 - Gram Panchayat, Raja Nawagaon, Through Its Sarpanch Gram Panchayat Raja Nawagaon, Tahsil Bodla, District Kabirdham Chhattisgarh. 6 - Gram Panchayat Raja Nawagaon, Through Its Secretary, Gram Panchayat Raja Nawagaon, Tahsil Bodla, District Kabirdham Chhattisgarh. 7 - Society Machua Kalyan Samity, Raja Nawagaon, Tahsil And Block Bodla, District Kabirdham Chhattisgarh Through Its President, Tikesh Nishad S/o Sarju Nishad, Aged About 26 Years, R/o Village Raja Nawagaon Tahsil Bodla, District Kabirdham Chhattisgarh.. ... Respondents 2 ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Dashrath Kushwaha, Advocate on behalf of Mr. PK Patel, Advocate. For the State : Mr. Shobhit Mishra, Dy. GA. For Respondent No.7/Society : Mr. Arpit Parakh, Advocate on Mr. Animesh Tiwari, Advocate. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 01.05.2026 1. By the present writ petition, the petitioner is seeking following reliefs:- “10. Relief Sought. 10.1 That, this Hon'ble Court may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be issued a writ or writs /order / or orders to quash the impugned order dated 31.10.2022 (Annexure P/1) passed by the Additional Collector Kabirdham, in Case No. B/121, (Panchayat Act), 2020-21, along with connected orders and further be pleased to direct the Gram Panchayat Rajanavagaon, Tahsil & Block: Bodla, District: Kabirdham (C.G.). to passed the proposal in favour of petitioner's societies, and allotted the subject pond to the petitioner's societies in the ends of justice. 10.3 That, any other relief, this Hon'ble Court deem fit and proper may also kindly be granted to the petitioner, in the interest of justice. 10.4 An affidavit in support of this petition is filed herewith.” 2. Matter relates to allotment of lease for fisheries operation, in which, respondent No.7 has been granted lease for fisheries operation. The petitioner, who has not been granted lease in his favour for 3 fisheries operation, has challenged the same before the concerned Collector, in-turn, the Collector has passed an order against the petitioner, against which, this petition has been filed. 3. Learned State Counsel submits that there is an alternate remedy available to the petitioner under the law and petitioner has to avail the said remedy before the concerned Authority. 4. At this stage, learned counsel for the petitioner submits that petitioner may be permitted to avail the said alternative remedy under the law. 5. Heard learned counsel for the parties. 6. Considering facts of the case, nature of dispute/reliefs, submissions of counsel for the parties, particularly the fact that an efficacious alternative remedy is available to the petitioner under the law, the instant petition stands disposed of giving liberty to the petitioner to avail the said alternate remedy by filing an appropriate application/revision petition before the concerned Authority within 15 days. Till then, status quo order dated 21.11.2022 granted in favour of the petitioner shall remain operative, however, the same shall lose its efficacy after lapse of 15 days. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.