The High Court directed Respondent No. 5, the Commissioner, to dispose of a pending appeal by the petitioner within 60 days and granted liberty to apply for interim relief.
Petitioner granted liberty to apply for interim relief before Respondent No. 5; Respondent No. 5 directed to decide the pending appeal within 60 days.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1378 of 2022
Unnat Machhuwa Sahkari Samiti Maryadit Through President- Vikas Malik S/o Shivpad Malik, Aged About 36 Years, R/o Village Kamalpur, Aragahi, District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Fisheries Department Mantralaya, Mahanadi Bhavan, Atal Nagar, Nawa Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh
2. Director, Directorate (Fisheries), Indravati Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
3. Assistant Director Fisheries Department, District Balrampur Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh
4. The Collector, Balrampur District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh
5. The Commissioner, Division Surguja, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh
6. Chief Executive Officer, Janpad Panchayat, Ramchandarpur, District Balrampur Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh
7. Ganaga Machhuwa Sahkari Samiti, Maryadit, Village Bhanwarmal, Balrampur, District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh
8. Anand Machhuwa Sahkari Samiti Maryadit, Kanchanagar, District Balrampur Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh
--- Respondents
| For Petitioner | : Mr. Rajbahadur Singh, Advocate |
|---|---|
| For Respondent- | : Mr. Pragyaditya Acharya, P.L. |
| State |
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S.B. - Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board
21.03.2022
Heard on petition.
1. The petitioner is aggrieved by order dated 11.08.2021 passed by Respondent No. 4 terminating the fisheries lease granted to the petitioner.
2. It is submitted that the appeal has been preferred by the petitioner before Respondent No.5/Commissioner in the year 2020 but after passing of almost more than one year the appeal is pending with out any decision so far, therefore, it is prayed that a direction be given to the Respondent No. 5 to dispose of the appeal at the earliest and interim relief be also granted to the petitioner for the time being until the appeal is decided by the Respondent No.5.
3. State counsel opposes the submissions and submits that the petitioner has liberty to file application for grant of interim relief before the Respondent No.5 which may be considered and decided by the said authority.
4. Considering the submissions of the learned counsel for the parties and perused the documents on record.
5. The petitioner is granted liberty to file application for grant of interim relief before the Respondent No.5 and Respondent No. 5 is further directed that if such application is filed by the petitioner, the same shall be decided at the earliest. It is also directed that Respondent No.5 shall proceed to decide the appeal filed by the petitioner at the earliest preferably within a time limit of 60 days from today.
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6. With the aforesaid observations, this petition stands disposed off.
7. Certified copy as per rules.
Sd/-
(Rajendra Chandra Singh Samant) Judge
yasmin
1 issue framed by the court
Whether the High Court should direct Respondent No. 5 to decide the pending appeal at the earliest.
Unnat Machhuwa Sahkari Samiti Maryadit
State Of Chhattisgarh
Director, Directorate (Fisheries)
Assistant Director Fisheries Department
The Collector, Balrampur District
The Commissioner, Division Surguja
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
