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2026 DAILYLAW 20334 (CHH)

MATSYA UDYOG SAHKARI SAMITI MARYADIT, v. STATE OF CHHATTISGARH

WPC/2516/2026 · 2026-05-14

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 2026:CGHC:23166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2516 of 2026 Matsya Udyog Sahkari Samiti Maryadit, P.V. -30( Yogendra Nagar ), Post -Hanker, Having Its Registration No.D.R./k.N.K./394/96 Dated- 16-08- 1996 Block Koylibeda Through Secretary Vikas Mandal Aged 58 Years.S/o Late Vishvnath Mandal, R/o Village-P.V. -30 Yogendra Nagar Janpad Panchayat Kolibeda, Tahsil Pakhanjur District- Uttarbastar Kanker (C.G,) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Cooperative Mantralaya, Atal Nagar Nava Raipur District- Raipur (C.G.) 2 -The Collector District -Uttar Bastar Kanker (C.G.) 3 - The Chief Executive Officer, Zila Panchayat Kanker District -Uttar Bastar Kanker (C.G.) 4 - The Chief Executive Officer Janpat Panchayat Koylibeda District - Uttar Bastar Kanker (C.G.) 5 - Sukbatti Markam, D/o Shri Jogiram Markam Sarpanch Of Village Panchayat Matoli Janpad Panchayat Koylibeda District -Uttar Bastar Kanker (C.G.) 6 - Haridas Mandal, S/o Nagen Mandal Panchayat Secretary Of Village Panchayat Matoli Janpad Panchayat Kyolibeda District -Uttar Bastar Kanker (C.G.).. ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Jitendra Nath Nande, Advocate. For the State : Mr. Shobhit Mishra, Dy. GA ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 15.05.2026 2 1. Petitioner has filed this petition under Article 226 of the Constitution of India with following reliefs: “10.1 The Hon'ble Court may kindly be pleased to issue a Writ o Mandamus to the Respondent Authorities directing to immediately. stop & restrain all unauthorized fishing activities being carried out in the village pond of P.V. 30 (Yogendra Nagar), in the interest of justice. 10.2 The Hon'ble Court may kindly be pleased to issue a Writ of Mandamus to the Respondent Authorities directing to recover the amount realized from the illegal sale of fishes and deposit the same in the account of the Petitioner Society, in the interest of justice. 10.3 Any other relief, including the cost of this petition, as it appears to be fit and appropriate to this Hon'ble Court.” 2. The instant writ petition is preferred against the illegal, arbitrary, and discriminatory practices adopted by respondent No.4/CEO as they have illegally and arbitrarily allowed respondent Nos.5 & 6 and other private persons to start catching and selling fishes from the Village Pond situated at P.V. 30. Yogendra Nagar, without any authority of law, whereas the fishes reared and maintained by the Petitioner Society since last four years. Hence, this petition. 3. Learned counsel for the petitioner submits that for the last four years the petitioner-society has reared and maintained the fishes of Village Pond situated at P.V. 30. Yogendra Nagar and lease has been granted in favour of the petitioner, however, instead of said 3 lease, respondent Nos.5 & 6 are illegally doing the fisheries operation, as such, it is required to be stayed. He further submits that an order has been passed by respondent No.4 to this effect, which is not in accordance with law. He further pointed out that the lease issued in favour of the petitioner has been expired, therefore, the petitioner has filed an application for renewal of said lease which is pending for consideration before the concerned Authority till date. Hence, petitioner has came-up before this Court with aforesaid prayer/reliefs. 4. Learned State Counsel opposes the reliefs sought by the petitioner in the writ petition. 5. Heard learned counsel for the parties and perused the writ petition. 6. Considering facts of the case, nature of reliefs, submission of counsel for the parties, particularly the fact that lease issued in favour of the petitioner has already been expired and petitioner’s application for renewal of said lease is still pending for consideration before concerned Authority, as such, this petition stands disposed of directing the concerned authority to consider the pending application of the petitioner for grant of renewal of lease and to pass appropriate order in accordance with relevant rules/law. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.