Writ Petition Under Article 26 227 of the Constitution of India PETITIONER' RESPONDENTS 8.3. HON’BLE SHRI DHIRENDRA MISHRA, J. 23.07.2008 petitioner. Shri Sashank IThakur, Panel Lawyer for respondents No. l to 4f Stats. Shri AS. Kachha'waha, Aevocate for respondent No.5. V Shri NS. Dhurandhar, Ad vocate for respondent No.6 H C NO. 2995 2008 Shradh Suman Mahila Mandal, Pusai Dabri, gar, Burg, Registration N05225, through FrasidexL SmL. Anita Yadav, wife 0f Khor‘uahra ged about 4O years, Occupation fishing, residen e of Pusai Dabri, Gaya Nagar, Durg, ChhaLLi garh State '0 Chhattisgarh, through Secretary, Krishi (Machli alan) Vibhag, D.K.S. Bhawan, Raipur, Chhatti garh Additiox a1 Collector, Durg, District Durg, Chhatti garb Sub Dvisional Officer, Durg, District Chhatti garh Additio a1 Commis ioner, Municipal Corporation Durg, District urg, Chhattis garh ataSyodhog Sahkari Sanshta Limited Durg, through President Onkar Dhimar, son of R 1m Bhagas Dhimar Ve r5115 Durg, Tahsildar, Durg, District Burg, ' Ohhatfi. narh Shn‘ OMP Sahu, Advocatt' with Shri C‘JK. Rao, Advocatc for the 'I a / / 7% Wm m 2oo mm (Wu) mmm mm wm *atmm Haani The petitioner was allottei th€ disputed pond for stocking oshes for a poliod of 5 ysars on leaso 'Jy tho Municipal Corporation, Durg vide i Annexuro P—3. T116 rpspondent V0.4} Tahsildar, Durg, grantefl loase of tho abova pond to tho respondont No.6/Durg Matasyodhog Sahkari Sanstha Limited and acco g1y, forwarded tho matter to the rospondants No. 3 (‘35 4 for exe ution of the loase (land vido Annexure P-l. The Additional Collector, rg vide order dated 14th March 2008, approved the proposal of the n sildar for granting the pond in question T on lease to the respondent No. Learned counsel for the petitioner submits that the erstwhile State of Madhya Pradesh vi notification of Annexnre P-4, dated 7th April 1999 referring to ear er circular of the State dated 9th May 1997 Clarified that the pond [reservoirs up to 100 hectares area situated within the limits of lo a1 bodies were transferred to the local bodies for fisheries. A similar C' cular has also been issued by the State of Chhattisgarh on 15th. July 3 (Annexure P—4), whereby the ponds situated in the urban areas are to be allotted by the concerned local bodies. Learned counsel fOr the parties submit that the instant dispute has arisen between the parties because of two parallel allotments were made by the Municipal Corpoation as Revenue Deparhnent and the same may be amicablylsettled' 3y the concerned Collector on the basis 4r. ( x r '1 6 d 2 0 Wm FL 200 mam (Wu) mmm WWW mmm __'3_ WW wm animanézr 1 this pf: on after affording exgiedi&di1s1y. Since thare is no disputg qrmSiio-n 011 haas‘a, rim p€fitioner in posswsiml pfjha pond in qll 11w pond in qugstion Shall b‘ Collector. of poliCv of the Government am 1 circulars issued from fime to time by u‘ties, rho instant peti‘rion is disposod of Burg to dscide the oontrovorsyraisod oppmfunity of healing to the parfios: that after tho allotmont of tho pond iii has; stockad fiohes; and tho pontioner is Lestion, tho petitioner’s posaession ovor E l maintained till the {locision of the