Disposed¶31

Alpa Sankhyak Machhua Sahkari Samiti Maryadit Kosgai Para Baloda v. State of Chhattisgarh

Chhattisgarh HC23 Feb 2025WPC/1046/2025

Case brief

AI extract

What is this about?

Pisciculture pond lease; Nagar Panchayat Baloda; Fishing Policy/New Fisheries Policy 2022, Clause 14; Fishery Inspector recommendation dated 17.09.2024; Collector Janjgir-Champa; 45-day compliance direction; writ petition disposed; WPC No. 1046 of 2025; Chhattisgarh HC Bilaspur; Judge Bibhu Datta Guru; NAFR.

What did the court decide?

Direction to the Collector Janjgir-Champa to take a decision on the Fishery Inspector-to-CMO communication dated 17.09.2024 and to direct the Nagar Panchayat Baloda to issue lease of the ponds to the petitioner for pisciculture within 45 days in accordance with Policy 2022 of the State Government. ¶31

Alpa Sankhyak Machhua Sahkari Samiti Maryadit Kosgai Para Baloda Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether the respondent no. 2/Collector should be directed to grant/take a decision on the lease of the three ponds situated within Nagar Panchayat Baloda, District Janjgir-Champa, to the petitioner for pisciculture under the Fishing Policy, 2022. +1 more

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Court's answer

On perusal of the Fishery Inspector's communication, the petitioner's society stands recommended for allotment of three ponds (Koili Purena, Bilakhpur Dabri and Jadoband Talab), but no lease has been granted by the Nagar Panchayat till date.

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Ratio / Principle

The Collector Janjgir-Champa is directed to take a decision on the communication of the Fishery Inspector to the CMO dated 17.09.2024 by directing the Nagar Panchayat to issue lease of the ponds to the petitioner for pisciculture within 45 days in accordance with Policy 2022 of the State Government.

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Detailed headnote1 paragraphs

Writ Petition (WPC No. 1046 of 2025) decided on 24.02.2025 by Hon'ble Shri Bibhu Datta Guru, Judge, High Court of Chhattisgarh at Bilaspur: A registered co-operative society sought a direction to the Collector, Janjgir-Champa to grant it lease of three ponds (Koili Purena, Bilakhpur Dabri, Jadoband Talab) within Nagar Panchayat Baloda for pisciculture under the Fishing Policy, 2022. Though the Nagar Panchayat had advertised on 07.08.2024 for lease of ponds and the petitioner's offer was found suitable, and the Fishery Inspector Block Baloda had by communication dated 17.09.2024 recommended allotment of the ponds to the CMO, no lease was issued. The Court held that the petitioner's name stood recommended for the three ponds but no lease had been granted, and disposed of the petition directing the Collector to take a decision on the 17.09.2024 communication and to direct the Nagar Panchayat to issue the lease of the ponds to the petitioner for pisciculture within 45 days in accordance with Policy 2022 of the State Government.

2025:CGHC:9311

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 1046 of 2025

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Digitally signed by SHOAIB SHOAIB ANWAR ANWAR Date: 2025.02.25 20:04:17 +0530

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1 - Alpa Sankhyak Machhua Sahkari Samiti Maryadit Kosgai Para Baloda Through- Its President Sagir Mohammad Aged 46 Years, S/o Bafti Mohammad, Ward No. 5, Gond Para Baloda, District- Janjgir-Champa (C.G.)

¶8

... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through- The Secretary, Ministry Of Agriculture/ Fisheries Department, Mahandi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.)

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2 - Collector Janjgir, District- Janjgir-Champa (C.G.)

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3 - Assistant Director Fisheries, Janjgir, District- Janjgir-Champa (C.G.)

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4 - Deputy Director Fisheries, Janjgir, District- Janjgir-Champa (C.G.)

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5 - Chief Municipal OfÏcer Nagar Panchayat Baloda, District- JanjgirChampa (C.G.)

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... Respondent(s)

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(Cause title taken from CIS)

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For Petitioner(s) : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Shri Shreyansh Mehta, Panel Lawyer.

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Hon'ble Shri Bibhu Datta Guru, Judge

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Order on Board

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24.02.2025

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By the present writ petition, the petitioner who is a registered society seeking a direction towards the respondent no. 2/Collector to grant lease of three ponds situated within the Nagar Panchayat of Baloda District – Janjgir-Champa for Pisciculture as per the provision of Fishing Policy, 2022.

¶23

Learned counsel for the petitioner would submit that the Nagar Panchayat Baloda vide advertisement dated 07.08.2024 invited the application from registered Co-operative Societies for grant of lease of ponds situated within the Nagar Panchayat Baloda. The petitioner applied for three ponds and on the scrutiny the offer of the petitioner’s firm found suitable and the ofÏce of the Fishery Inspector Baloda requested the CMO Nagar Panchayat Baloda for allotment of three ponds on lease to the petitioner, however till date the Nagar Panchayat is not proceeding or not taking any steps for allotment of the said ponds to the petitioner on lease for the purpose of Pisciculture. Learned counsel for the petitioner by referring the Policy of 2022 submits that if any Panchayat failed to grant lease

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within a period of three months then the Collector is having authority to take steps for grant of lease for the purpose of Pisciculture, hence the Collector be directed to take a decision on the application submitted by the petitioner and recommendation made by the Fishing Inspector dated 17.09.2024.

¶26

Learned counsel for the State submits that the OfÏce of Fishery Inspector Block Baloda vide its communication dated 17.09.2024 has requested the CMO to allot the ponds in question to the petitioner on lease for the purpose of Pisciculture, however the CMO has not issued any allotment order or execute lease in favour of the petitioner, hence the Collector who is the appropriate authority under Clause 14 of the New Fisheries Policy, 2022 will take a decision within a stipulated period regarding the allotment of ponds to the petitioner pursuance to the communication dated 17.09.2024 issued by Fishery Inspector Block Baloda.

¶27

I have heard learned counsels for the parties and perused the advertisement dated 07.08.2024 issued by the OfÏce of Nagar Panchayat Baloda and the communication issued by the Fishery Inspector Block Baloda District Janjgir-Champa dated 17.09.2024 to the CMO.

¶28

From perusal of the communication of the Fishery Inspector to the CMO, it appears that the petitioner’s societies name has been recommended for allotment of three ponds i.e. Koili Purena, Bilakhpur Dabri and Jadoband Talab, however till date no lease has been granted to the petitoner by the Nagar Panchayat, hence the Collector Janjgir-Champa is directed to take a decision on the

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¶30

communication of the Fishery Inspector to CMO dated 17.09.2024 by directing the Nagar Panchayat for issuance of lease of pond to the petitioner for the purpose of Pisciculture within a period of 45 days in accordance of Policy 2022 of the State Goverment.

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With the aforesaid direction, the writ petition is disposed of.

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Sd/-

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(Bibhu Datta Guru) Judge

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Shoaib

Alpa Sankhyak Machhua Sahkari Samiti Maryadit Kosgai Para Baloda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Alpa Sankhyak Machhua Sahkari Samiti Maryadit Kosgai Para Baloda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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