IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) No. §A¥00/2009 PETITIONER Gram Panchayat Kewtara through its Sarpanch Premchand Patel aged bout 50 years, S/o Ramayan Singh , Village Kewtara, Vikaskhand Masturi, Distt Bilaspur VERSUS RESPONDENTS/ l. The Stategf Chhattisgarh, through Secretary, Panchayat and Rural Department,- D.K. S. Bhawan, Raipur Collector,Bilaspur ( 3. The Chief Executive Officer, Janpad Panchayat, Masturi, Distt. Bilaspur Deputy Director, Matsya Udyag Bilaspur Surya Ujala Anusuchit Jati Machhuwa Sahkari Samiti, Maryadit Through Its President Siloram Patle S/o Dashrath Patle, Aged about 45 years, R/o Village Kewtara, Block Masturi, Distt. Bilaspur WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA /4‘ / HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (C) NO.57OO OF 2009 FTITIONER Gram Panchayat Kewtara P Versus The State of Chhattisgarh & Othms (Writ Petition underArticle 226 & 227 ofthe Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Present 1— Shri Parag Kotecha, Advocate for the petitioner. Shri P.K. Bhaduri, Panel Lawyerforthe State. Shri A.S. Kachhwaha, Advocate for the respondent No.3. Shri MK. Sinha, Advocate for the respondent No.5. RESPONDENTS ORDER (ORAL) (Passed on this 13‘“ day of September, 2010) Heard Iearned counsei forthe parties. Learned counsel appearing for the petitioner submits that: contrary to the resolution dated 15/02/2007 (Annexure P/1) whereby two ponds namely; Bandhwa & Nakain were reserved for Nistar purposes of the villagers, the Deputy Director (Fisheries) by order 'dated 31/01/2009 (Annexure P/4) allotted the same to reeponde‘nt No.6, which is unreasonable and contrary to the purpose of reserving the ponds for Nistar as well as granting the same ponds for the purpose of fishing. Shri Sinha, learned counsel appearing for the respondent No.5, On the other hand, submits that there are in total 5 ponds. Out of which 3 ponds are available for Nistar purposes and only 2 pond have been allotted in favdur of respondent No.5 for fishing purpose, thus, the contention of Gram Panchayat that only 2 ponds he. Bandhwa and Nakain are more appropriate for Nistar purrao‘Sesis without any basis. Learned ‘counsel for the State submits that this dispute can be resolved by the District Collector, Bilapur, in the light of Clause 14 of the Fisheries Policy, 2003 (Annexure R—1). .Be that as it may, once the Gram Panchayat by resolution has decided to reserve specific ponds for the purpose ‘of Nistar of the villagers, as it appears that the residents of Gram Panchayat have been suffering on account of lack of water for irrigation, as ha . s s ) been recorded in the aforesaid resolution, {he same cannot be éno’cked for fishing purposes. Though, the Deputy Director (Fisheries), Bilaspur in is memo dated 03/06/2008 (Annexure P/2) has mentioned the requirement ‘ of abovestated ponds for the purpose of Nistar, thereafter, the Deputy Director himself has granted these two ponds to the respondent No.5 on lease for a period of five years for fishing purposes. , ‘ The matter involves firstly disputed facts and secondly non—observation of object and purpose of Nistar along with availability of some ponds, for Nistar purposes, have not been considered. In view of foregoing, the order dated 31/01/2009 (Annekure P/4) passed by the Deputy Director (Fisheries) is quashed. The Collector, Bilaspur is directed to examine the facts after affording opportunity of hearing to all the concerned parties and pass appropriate order, in accordance with law and on its own merit, as early as possible preferable within a period for 6 weeks'from the date of receipt of this order. Accordingly, the writ petition is allowed to the above extent with the aforestated directions. w sd/- satish K. Agnihotri Judge 1t), No order asto costs. ' i‘ f (Bowri }: h