mm wt zoo mm (Witt) WWW WW§§€IW éaaifatranéx Writ PetitiqniC) N0. 299312008 Writ Petition under Article 226 l227 of the Constitution of India .3. HON’BLE SHRI DHIREN 3 D 23.07.2008 shn OMP Sahu, Advocat with Shri CJK. Rao. Advocatn for m6 pant-£01161". Shri Sashank Thalmr. 4 / State. Shri A.S. Kachhai-vaha, A vocats for mspondalt No.5. Shi‘i N.S. Dhuraudha‘r, A VOCaLe for l‘espOIldEIIt NOL") x\ i and Lava/er for mspondentS No; 1 to ;;4 / ;f‘I. 1. 2 - arv PETITIONER Aancha Mahila Swa Saha‘v‘ta Samuh, Bhramenpara, Burg, Registration Society No.5976, through Pl‘bsidanL SmL. Saviu‘i Bhrambhatt, wife of Shri Aiav Bhrambhatt, aged abaut 35 vears, residence of near Panchmukhi Hanuman Mandir, Bhreunaupara, Durg, ChhaLLisgarh Versu$ RESFONDENTS 1 tate o‘ Chhattisgarh, through Secrétary, Krishi . (Machlipalan) Vibhag, D.K.S. Bhawan, Raipur, Chhatti ;garh 2. Additior Lal Collscton Durg, District Durg, Chhatti sgarh 3‘ Sub D'Visional Officer, Durg, District Durg, Chhatti garh 4‘ Tahsild , Durg, District Durg, Chhattisgarh 5‘ Commi‘sioner, Municipal Corporation Burg, District Durg, Chhattisgarh 6 Durg Matasyodhog Vikas Sahkari Samiti, Mathpa a Durg, through President Ganesh Ram, Son of sha Ram wt zoo mm (Wu) mm W’ WW§wm $aim€mi¥1 ; . the disputed pond for stocking fishes y the Munieipal Corporation, Durg Vide 0.4/ Talisildar, Burg, granted lease of ident No.6lDurg Matasyodhog Vikas to the forwarded the matter .gly" , utidn of the lease deed vide Annexure drg vide older dated 14th March 2008, sildar for granting the pond in question petitioner submits that the erstwhile notification of Annexure P-8, dated er circular of the $tate dated 9th May reservoirs up to 100 hectares area bodies were transferred to the local :ular has also been issued by the State (Annexure P—S), whereby the‘ponds to be allotted by the concerned local mmm § Z, HEard The petitioner was ailotta for a period of 5 years on lease b Annexure 13-3. The. respondent b the above pond to the respOJ Sahkari Samiti and accordil‘ respondents No. 3 85 4 for exec P—l. The Additional Collector, D approved the proposal of the Tah v on lease to the respondent No.6. Learned counsel for the State of Madhya Pradesh vide 7th April 1999 leferring to earli 1997 clarified that the pond situated Within the limits of l bodies for fisheries. A similar eh of Chhattisgarh on 15thvJuly situated in the urban areas art bodies. Learned counsel for the r arties submit that the instant dispute has arisen between the parties lbecause of two parallel allotments were made by the Municipal Corpor same may be amicably settled l: ition 8t. Revenue Department and the V the concerned Collector on the basis ;;4 / - »fh a a . o s 2 3 Wm In zoo 3mm (Wu) WWW -3, of policy of fi'm Government am 1 circulars issuecl from Time to time by the Govenlmsnt. W o the Colléctox, Durg to decide the controversy raised after a§ording WW WW v%aimawl%¥1 opportunity of hearing to the parties 'tlijiale‘éeonseut of the pa‘trties, the instant petition is disposed of expeditiously. n ' that after the allotment of the pond in has stocked fishes and the petitioner is in possession of the pond in qt .estion, the petitioner’s possession overfwW'x t Collectori Sdl- ‘7‘ i‘Dhirendla Misma" i i; .,. ’Ie Since there is no dispute 3"» qile‘stioi’ron lease, the petitioner the pond in question shall he maintained till the decision of thei! Judge jLV“Q’’’. “na