1,'\' HjGH CQURT OF JUDICATURE CHHATTISGARH : BILASPUR SiNGLE BENCH : HON'BLE SHRi S.R. NAYAK, CJ. N0.20S3 OF 2006. IT PETiT! Vs. 2. 3. 4. Nahid Khan, S/o Shri Guiam Mohd. Khan, Aged about 24 years, Occupation - Fish Contractor R/o Noorani Chowk, Raja Taiab Raipur (C.G.) State of Chhattisgarh, Through Secrstary, Department OfFisheries, Mantraiaya, D.K.S. Bhawan, Raipur (C.G.) Director, Directorate of Fisheries, Tellbandha, Near Raiiway Crossing, Raipur (C.G.) Coliector, Biiaspur (C.G.) Deputy Director, Fisheries, Biiaspur (C.G.) Present: Mr. Prashant Jayaswal, iearned Sr. Counsel with Shri Aii Asgar, iearned counsei for the petitioner. W.r. Vinsy Harit, iearned Dy. A.G. for the State. ORAL ORDER (Passed on 20tn Aprii, 2006] The fishing right in a tank, populariy called, 'Khunta Ghat' is leased by the 2nd respondent herein, in favour of the petitioner for a period of 5 yeare vide lease agreement dated 09.08.2005. The comptaint of the petitioner, In this writ petition, is that the promise made by She Fisheries Department, at the time of granting the iease, was that the catehments area is 2712 hectare and fish producttoR wouid bs 111.488 metric tons per year, whereas, by subsequent action of the respondent, the water level of the reservoir and catchments area has been drastical'y reduced to haSf of what has been promised. The water l6i_ -3l • ^ ievet of the reservoir has been reduced to 52 feet from 65 fset. it is complained that due to this change brought about from the situation that had obtained on the day of grantlng the iease, the petitloner would suffer a great loss. In the premise of the above aliegation, the petitioner has fiied this writ petition under Articte 226 praying for the following rellefs:- 7. REUEF(S) SOUHGT: 7.1 The petitioner above named most respectfully prays to this Hon'ble Court to cail for the entire recoras. 7.2 7.3 The petitioner abpve named most respectfuily prays to the Hon'ble Court to issue writ mandamus directing the respondents to reduce periodical iease amount on the basis of the reduced catchment area. The petitioner above named most respectfully prays to the Hon'ble Court to issue writ of mandamus directing the respondents to grant reiaxation in payment of the periodica! iease 7.4 The petitioner above named most respectfuiiy prays to the Hon'bte Court to issue writ of the mandamus and appropriate direction, direcilng the respondents to grant compensation to the petitioner. 7.5 The petitioner above named most respectfuliy prays to the Hon'bie Court to issue writ of mandamus and appropriate directions, dlrecting the respondents to charge iease amount as per the actual fish production in the water reservoir. 7.6 Any other reiief, which may be suitable in the facts and circumstances of the case, may also be granted. it nseds to be noticed that the contract between the parties is an ordinary contract. The probtems have cropped up in implementation of the contract and during the currency of the contract. In order to grant relief to the petitioner, it becomes ^' ]<^ -3- imperath/e for the Court to permit the parties to lead evidence and subject the parties to cross-examine by each other. The allegations made by the petitioner squarely fall within the domain of facts. There is hardly any law question to be decided. The dispute brought before the Court cannot be resoived in a summary proceeding on the basis of affidavits and counter affidavits only. This Court cannot be converted into a trial Court to undertake the resoiution of disputed facts. In that view of the matter, ! am not inciined toentertaln this writ petition. Therefore, the writ petition is dismissed. However, this order shall not come in the way of the petitioner from working out iegal remedies by way of private iaw review remedies available to him before the jurisdictional civil Court. Nocosts. Sd/- Chief Justice