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2026 DAILYLAW 9901 (CHH)

MAHAMAYA MACHHUA SAHKARI SAMITI MARYADIT, MURKUTA v. STATE OF CHHATTISGARH

WPC/2103/2026 · 2026-04-28

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:19968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2103 of 2026 Mahamaya Machhua Sahkari Samiti Maryadit, Murkuta Through Its President Bijendra Kumar Verma S/o R.P. Verma Aged About 33 Years R/o Village Murkuta Tahsil- Navagarh District- Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Fisheries Mantralaya Mahanadi Bhawan Nava Raipur Atal Nagar District- Raipur (C.G.) 2 - Director Fisheries Department Directorate Of Fisheries Indravati Bhawan Nava Raipur Atal Nagar District- Raipur (C.G.) 3 - Assistant Director Fisheries Department District - Bemetara Officer Of Assistant Director Fisheries District- Bemetara (C.G.) 4 - Sarpanch Gram Panchayat Sivni Janpad Panchayat Navagarh District- Bemetara (C.G.). ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Gautam Khetrapal, Advocate. For the State : Mr. Shreyansh Mehta, PL. ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 29.04.2026 1. Petitioner has filed this petition under Article 226 of the Constitution of India seeking following reliefs 2 “10. Reliefs Sought. (a). Issue an appropriate writ, order or direction, moreover in the nature of mandamus, directing the Respondents to consider and process the Petitioner's applications dated 08.10.2025, 15.10.2025 and 22.10.2025 and to undertake allotment of vacant ponds under Gram Panchayat Sivni strictly in accordance with the Chhattisgarh Fisheries Policy, 2022. (b) Issue an appropriate writ, order or direction, more particularly in the nature of mandamus, directing the Respondent authorities to act in terms of Clause 8 of the Fisheries Policy, 2022 and complete the allotment process, in view of the failure of the Gram Panchayat to act within the prescribed period. (c) pass any other order(s) that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2. Learned counsel for the petitioner submits that an application for allotment of lease was filed by the petitioner before the concerned Authority and for obtaining the consent/proposal of Gram Pranchayat necessary application has been filed before the concerned Gram Panchayat, however, till date neither the Gram Panchayat has issued any advertisement in this regard nor made any proposal for allotment of Pond in favour of the petitioner, however, as per clause 8 of the Fisheries Policy 2022, since it has 3 been not approved within three months by the concerned Gram Panchayat, in such circumstances, without approval of the Gram Panchayat, the concerned Collector is having jurisdiction to pass an appropriate order in respect of the allotment of lease for fishing operation in favour of the parties concerned, if such an application has been endorse by the respective fishing department. 3. Learned State Counsel opposes the submission of counsel for the petitioner. 4. Heard learned counsel for the respective parties and perused the writ petition. 5. Considering the above aspects of the matter, respondent Nos.2 & 3 are directed to consider the pending application of the petitioner as per clause 8 of the Fisheries Policy 2022 and to pass appropriate order in accordance with relevant rules/law, after giving due opportunity of hearing to the all parties including the Panchayat. 6. However, it is made clear that this Court has not expressed any opinion on merits of the case. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.