Disposed

Sagar Maschya Vyavsaik Sahakari Sanstha Ltd. through Its President Shaikh Hamid Shaikh Rashid v. the State of Maharashtra and Others

Bombay HC17 Apr 2018WP/2024/2018

Case brief

AI extract

What is this about?

In a writ petition challenging an appeal by a village panchayat set aside the petitioner's fishing rights, the court directed the respondent panchayat to permit the petitioner to collect live stock within one week.

What did the court decide?

Petitioner permitted to collect live stock from the reservoir before 24.04.2018.

What the court decided

Sagar Maschya Vyavsaik Sahakari Sanstha Ltd. through Its… — Landlord and Tenant | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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WRIT PETITION NO.2024/2018

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Sagar Maschya Vyavsaik Sahakari
Sanstha Ltd., Partur Tq.Partur
Dist.Jalna.

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...Petitioner..

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Versus

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The State of Maharashtra & others.
...Respondents...

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 .....

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Shri G.R. Syed, Advocate for petitioner.
Shri C.S. Kulkarni, AGP for respondent nos.1 to 5.
Shri S.J. Salunke, Advocate for respondent no.6.

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 .....

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CORAM: R.M. BORDE & K.K. SONAWANE, JJ.

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DATE: 17.04.2018

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ORDER :

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1]The petitioner is objecting to the order passed
by the Sub-Divisional Officer, Partur Dist.Jalna on

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22.12.2017 allowing the appeal presented by the

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respondent no.6 on behalf of the village panchayat
whereunder the entitlement of the petitioner to exercise
fishing rights in respect of the village tank has been
set aside and the authorization issued by the Tahsildar,

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WP 2024/18

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Patur, on 17.4.2017 in that regard has been quashed. The
petitioner contends that it was not heard before passing
the final order by the appellate authority and as such it
is prejudiced. The period provided under the orders
passed by the Tahsildar has come to an end on 31.3.2018.
Since the petitioner was authorized to exercise the
fishing rights in respect of the reservoir in question
till 31.3.2018, it was not in a position to collect the
live stock and hence its financial interest is adversely
affected.

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2]The learned counsel appearing for the respondent
– village panchayat, on instructions, states that the
village panchayat may not have any objection if the
petitioner is permitted to collect the live stock within
a period of one week from today.

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3]In view of above, the petitioner is permitted to
collect the live stock from the reservoir in question
before 24.4.2018.

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4]It would be open for the village panchayat or

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any other authority provided under the Regulations to
follow the procedure prescribed in respect of allotment
or grant of fishing rights in respect of the reservoir in

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WP 2024/18

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question for the next year.

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5]With the directions as above, the writ petition
is disposed of. No costs.

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ndk/ c1741824.doc

Sagar Maschya Vyavsaik Sahakari Sanstha Ltd. through Its President Shaikh Hamid Shaikh Rashid v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Sagar Maschya Vyavsaik Sahakari Sanstha Ltd. through Its President Shaikh Hamid Shaikh Rashid v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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