Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 22901 (CHH)

YOGESH DHIWAR v. THE STATE OF CHHATTISGARH

WPC/2936/2026 · 2026-06-18

Shri Amitendra Kishore Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:24886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2936 of 2026 1 - Yogesh Dhiwar S/o Nahru Dhiwar Aged About 38 Years President Of Ma Durga Mathasya Sahkari Samiti Maryadit, Paloud, Development Block Arang, District Raipur Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Secretary, Department Of Fisheries, Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar District Raipur Chhattisgarh 2 - The Deputy Director (Fisheries) District Raipur Chhattisgarh 3 - Sub Divisional Officer (Revenue) Raipur, District Raipur Chhattisgarh 4 - Chief Executive Officer (Revenue) Janpad Panchayat Arang, District Raipur Chhattisgarh 5 - Sarpanch Gram Panchayat Palloud, Block Arang, District Raipur Chhattisgarh 6 - Secretary Gram Panchayat Palloud, Block Arang, District Raipur Chhattisgarh ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. B.P. Soni, Advocate 2 For State : Mr. Anand Dadariya, Dy. A.G. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 19.06.2026 1. In this petition, the petitioner is not aggrieved by any specific order of the respondents, but is aggrieved by the inaction of respondent Nos. 5 and 6, inasmuch as despite submission of several representations regarding allotment of Khambha Pond for fish farming, the said respondents have failed to decide the petitioner’s representations till date. 2. Facts of the case are that the petitioner is a duly registered Co- operative Society under the Chhattisgarh Co-operative Societies Act, 1960, engaged in fish farming and allied livelihood activities for the past several years under the name and style of Ma Durga Matsya Sahkari Samiti Maryadit, Paloud, Development Block Arang, District Raipur, Chhattisgarh. The said society was registered bearing registration No. 969 dated 15.04.2024 and is restricted to operate within Gram Panchayat Paloud. As per the applicable Chhattisgarh State Fisheries Rules and Regulations, several government ponds are available within the said Gram Panchayat; however, no pond has been allotted to the petitioner society till date. The respondent No. 2 has issued an amended 3 fisheries policy vide order No. 3756/SM/N.M. Policy/2022-23 dated 09.12.2022, wherein provisions have been made for leasing of ponds for fish farming, including empowerment of the Gram Panchayat authorities, including the Sarpanch, to grant lease for a period of 10 years in accordance with the policy. It is further submitted that under the Chhattisgarh State Fisheries Policy, ponds situated within Gram Panchayat limits are required to be allotted on lease for a period of 10 years to eligible persons/co- operative societies for fish farming. On 11.09.2024, a general meeting of the Gram Panchayat was held wherein a resolution was passed allotting Khambha Pond bearing Khasra No. 996, area 4.79 hectares, to Jay Mahamaya Machua Kalyan Samiti, Village Paloud, for a period of 10 years. The said resolution was challenged by the petitioner by filing an appeal under Section 85 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 before the Sub-Divisional Officer (Revenue), Arang, District Raipur, and the said authority vide order dated 28.01.2026 dismissed the resolution on the ground of non-compliance of Clause 33.6 of the Fisheries Policy. Thereafter, the petitioner submitted several representations before the concerned authorities along with the said order requesting allotment of Khambha Pond in favour of the petitioner society for fish farming; however, till date no fruitful action has been taken by the respondents. 3. Following reliefs have been prayed:- 4 “10.1 That, this Hon'ble Court may kindly be pleased to allow the Writ Petition and may further be pleased to direct the respondent authority to consider /decide the representation of the petitioner (Annexure P/1) in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to, grant any other relief in the interest of justice.” 4. Learned counsel for the petitioner submits that the petitioner, being the President of Maa Durga Matsya Sahkari Samiti Maryadit, Paloud, Development Block Arang, has submitted an application for grant of lease of Khambha Pond for fish farming operations for a period of 10 years. However, the said application has not been decided by the concerned Gram Panchayat despite several representations being submitted in this regard. 5. Learned State Counsel raises a preliminary objection submitting that the present petition is not maintainable, as the petitioner has filed the same in his individual capacity. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case and the submissions made by learned counsel for the parties, and further considering that the petitioner has already submitted an application before the concerned Gram Panchayat for grant of 5 lease, which has been duly received, the competent authority is directed to consider and decide the same expeditiously in accordance with law. 8. With the aforesaid observation, the petition stands disposed of. sd/- (Amitendra Kishore Prasad) Judge Vishakha