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2024:BHC-NAG:10167-DB
1 WP-3180-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Writ Petition No.3180 of 2024
[M/s Talha Enterprise, through its Proprietor Mr. Faizan Ali Siddique
VERSUS State of Maharashtra and others]
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
Registrar's orders.
Shri Atharva Khadse, Counsel for Petitioner.
Shri J.Y. Ghurde, Assistant Government Pleader for
Respondent Nos.1 and 4.
Shri Dhiraj Ailani, Counsel for Respondent Nos.2 and 3.
CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : SEPTEMBER 05, 2024
1. Heard.
2.Pursuant to an E-Tender Notice issued by the respondent No.2 for
allocation of the fishing rights for a period of five years, i.e. from 2023
to 2028 in the Pench Reservoir, the petitioner came up as successful
bidder, as a sequel of which an allotment letter dated April 21, 2023 came
to be issued. An agreement accordingly was executed on April 25, 2023
between the petitioner and the respondent No.2 to above effect.
3.In view of the order of allotment and the agreement referred to
above, the respondent No.3 claimed to have handed over the Pench
Reservoir for exercising the fishing rights under the agreement on April
27, 2023.
4.It is claimed that on the directions of the Deputy Chief Minister, the
execution of the aforesaid contract came to be stayed, as a sequel of
which, the respondent No.4 passed the impugned order of stay
dated July 06, 2023, which led to filing of the present petition.
2 WP-3180-2024.odt
5.Along with a covering letter dated September 04, 2024 issued by
the Government of Maharashtra, Department of Animal Husbandry, Dairy
Development and Fisheries, under the signature of its Deputy Secretary,
a copy of the communication addressed by the State Government to the
Managing Director, Maharashtra Fisheries Development Corporation,
Mumbai, i.e. the respondent No.2, is annexed, thereby informing that the
stay ordered to the tender process on July 06, 2023 by the State
Government’s communication is cancelled.
6.Both these communications are placed on record by the learned
Assistant Government Pleader, which are marked ‘X’ and ‘Y’ for
identification respectively.
7.In view of the above decision communicated and placed on record,
the issue sought to be canvassed stood redressed to the extent of the
contract of the petitioner being revived.
8.So far as the claim of the petitioner for adjustment of the period for
which he was unable to carry out fishing activity because of the stay order
and/or for the adjustment of the contractual amount, which is already
paid by the petitioner for such period, if so requested by the petitioner, we
direct the respondents to consider the same for adjusting the said
contractual amount to be receivable from the petitioner for the next year.
9. The petition stands disposed of in above terms.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
LANJEWAR
2 issues framed by the court
Whether to dismiss the petition by directing respondents to revive the contract and consider adjustment of the contractual amount for the period of the stay imposed on the fishing rights.
Whether the petitioner's petition regarding the stay on the fishing rights allotment needs to be disposed of in light of the lifted stay order.
M/s Talha Enterprise through its Proprietor Mr. Faizan Ali Siddique
State of Maharashtra
Nitin W. Sambre
Abhay J. Mantri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court