mmm WWW FsQ°tW awai‘m‘emim Writ Petition c No. 2994 2008 Writ Petition Under Articl PETITIONER RESPaNDENTs SfB. HON’ELE SHRJ DHIREN 23.07.2008 Shri OMP $ahu, Advocate with Shm' C.J.K. Rae, Advocatc for the ¥ petitioner. Shri Sashénk Thakur, Pans} Lawyff for respd‘ndmlts No. ' 1 to 4/ State. 1s 22 f the Constitution‘ or'rmti ‘2 7 o a Shradha Suman Mahila Mandal, Pusai Dabri, Gaya N ar, Durg, Registration N13522:“), through Presiden SmL Anita Yadav, wife 01' Kiwrbahra ed about 4O years, Occupation fishing, 0f PuSai Dabi‘i, Gaya Nagar, Durg, iate o‘f Chhattisgarh, through Secretary, Krishi (Machlip an} Vibhag, D.K.S. Bhawan, Raipur, Chhattis arh Additioni Collector, Durg, Di$trict Durg, Chhattis arh Sub Diiisional Officer, Durg, District Durg, Chhattis arh L , Durg, District Durg, Chhattisgarh bommisoner, Municipal iCorporation Durg, DiStrict urg,Chhattisga1‘h tasyodhog Vikas Sahkari Samiti, Durg, through President Ganesh’ Ram, J a son of A ha Ram MESHRA, J. / W 200 31mm (Wu) Shri AS KachhaWaha, Ad vocati: for raspondmt No.5. ghri N.S.. Dhuraildhar, Ad meats for mspolid€11 i D g e M V XI-HQ 78 Wm mm (Wu) W 200 “WWW Wmm wmm . mm fs€fm am‘faqanim -- ‘2’ Heard. T116 p‘siitionm‘ was allotte for a period of 5 years 011 lease ' Annexure P—3. Th6 respondant tha above pond to' the respc Sallkari samiti and acéord' rsspoudants; No. 3 & 4 for 6X6 .P- 1. The Additional Collector, D approved the proposal of the Ta' 011 1€ase to the respondant N06 Learned coun$el for the State of Madhya Pradesh vido Apm‘l 1999 rofern'ng to oarlier c clam'iied that fhe pondS/reSen within fhe hmits of local bodies lisherles. A Similar circular l: cohatosgarh on 15a Joly 20‘ situated in the urban areas at bodieS‘ Learned counsel for the has ariaen between the partieS made by the Municipal Corpo same may be amicably’settled " d. the disputed pond for stocking fishes 3y the Municipal Corporation, Durg vide $3.4] Tahsilclar, Burg, granted lease of indent Noe/Burg Matasyoclhog Vikas gly, fmwarded the matter to the ution of the lease deed vide Annexnne rg Vide order dated 18th January 2008, isildar for granting the pond in question petitioner submits that the. erstwhile notification of Annexure P-8, dated 7‘41 ircular of the State dated 9th May .1997 ioirs up to 100 hectares area situated were transferred to the local bodies for as also been issued by the State of )3 (Annexure P-8), whereby the ponds e to be allotted by the concerned local parties submit that the instaht dispute because of two parallel allotments were ‘ation 8r, Revenue Department and the 3y me concerned Collector on the basis . 7A » v A é’,. ' afv mm E 200 Mm (Wu) WWW ammm mmm ,2 V, of policy of the Government aj G vernment. 'i c ‘ WW§wm *aa‘fanm onssnt of the i to the Collecu after aifordin expeditiQusly. SinC€ there is 11o disuut , question on lease, the petitione in possession of the pond in c ‘ ~I the pond in question shali Collector. 1d Circulars issued from time to time by )al’ties, the instant petition is disposed of )r, Durg to decide the controversy raised 3 > opportunity- of hearing to the parties 3 that after the allotinent of the pond n 1‘ has stocked fishes and the petitione; is nestion, the petitioner’s possession over be maintained till the decision of the ":"’"flgzr ,W“ J J