Dismissed

Shriram Fisheries Cooperative Society Ltd. Achalpur, Thr. President Gangasingh Vasantlal Gaur v. the State of Maha. Dept. of Agri. Dairy Development and Fisheries, Thr. Secretary and Others

Bombay HC13 Jan 2020WP/7897/2019

Case brief

AI extract

What is this about?

The petitioner challenged certificates issued to forest dwellers asserting the termination of their fishing contract was illegal. The Court dismissed the writ petition, holding it to be barred by the bars of finality of the termination, failure to challenge post-remand rejection, and being time-barred.

What did the court decide?

None. Writ Petition dismissed.

Shriram Fisheries Cooperative Society Ltd. Achalpur… — Writ and Judicial Review | Bombay HC (2020)

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1 17.WP7897.2019.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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WRIT PETITION NO.7897/2019

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Shriram Fisheries Co-operative Society Ltd. Vs. The State of Maharashtra and others.

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…........................................................................................................................................
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
of directions and Registrar's orders

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........................................................................................................................................…...
Shri P. A. Abhyankar, Advocate for the petitioner.

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Ms. S. S. Jachak, Assistant Government Pleader for respondent
Nos.1 to 3.

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CORAM : R.K. DESHPANDE &

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A.S. CHANDURKAR, JJ. DATED : 13^th JANUARY, 2020.

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.The petitioner is the Fisheries Co-operative
Society and challenging the certificates issued in the year
2014 to the Traditional Forest Dwellers who are conferred
with rights in respect of the forest produce. The contract of
fishing entered into with the petitioner by the respondent
for a period of 5 years from 01.07.2013 to 30.06.2018 was
terminated on 26.11.2014 on the ground that the
Traditional Forest Dwellers have to be given rights in respect
of the forest produce. The termination has attained the
finality after remand of the matter back by this Court. It is
maintained on 07.01.2016.

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2.This Writ Petition is filed on 16.11.2019 on the
ground that in response to the application dated 05.08.2019
submitted under the Right to Information Act, it is revealed
that the process for determination of forest rights was never
initiated, which is the significant aspect, and therefore, the

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2 17.WP7897.2019.odt

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allotment of forest rights by the certificates need to be
cancelled.

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3.We are not inclined to entertain this petition on
3 counts.

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i]That the termination of the contract of the petitioner
was effected on 26.11.2014 and it has attained the finality.

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ii]That even after remand of the matter back, the
representation of the petitioner was rejected on 07.01.2016
and it was not challenged till this date.

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iii]We do not find that the petitioner is entitled to file
this petition on the basis of the information received
subsequent to the decision in earlier Writ Petition, in
response to the application under the Right to Information
Act.

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4. Writ Petition is dismissed.

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JUDGE JUDGE

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RGurnule

Shriram Fisheries Cooperative Society Ltd. Achalpur, Thr. President Gangasingh Vasantlal Gaur v. the State of Maha. Dept. of Agri. Dairy Development and Fisheries, Thr. Secretary and Others

Case brief

What is this about?

What did the court decide?

Shriram Fisheries Cooperative Society Ltd. Achalpur, Thr. President Gangasingh Vasantlal Gaur v. the State of Maha. Dept. of Agri. Dairy Development and Fisheries, Thr. Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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