'.' HIGH COURT OF CHHATriSGARH: BiLASPUR WntPetition (05 No. S901 of 2006 1$ 2) Harijan Machhua Sahkari Samrti, Nandeli, Tahsil - Sakti, District Janjgir-Champa, through its President Ramanand Tandan, aged about 45 years, S./o. Shri Hari Ram Tandan, R/o. village Nandeli, Tahsil - Sakti, District - Janjgir- Champa, CG. Chief Municipal Officer, Nagar Panohayat, Sakti, Tahsii - Sakti, District Janjgir-Champa, CG. State of Chhatti^arh, through Coileotor, Janjgir-Champa, CG. ition under Article 226 of the Constitution of India for issuancs of appropriate writ(s) torder(s) / direction(s) S.B: Hon'lile^ShrlJystlceSatishK^AgnJh^-L PRESENT; l-1 • Shri C. Jayant Rao, counse! for the petitioner. Shri Sushil Dubey, Govt. Advooate for the State. ORAL ORDER (Passed on 19"' Aprsi 2007) 1. Clause 7 of the agreement dated 23-8-1997 entered into between Nagar Panchayat, Sakti and petitioner - Harijan Machhua Sahkari Samit, for granting nshlng rights to the petitioner cleariy provides that in the event there is a break in the pond, Nagar Panchayat, Sakti would not be responsible for any damages caused to the petitioner/society on account of loss of fishes. 2. The petitioner, in this petitlon, questions the Clause after having accepted the same that if on account of mis-managemeni by the respondent Nagar Panohayat, there is a break and loss, the respondent Nagar Panchayat aione is liabie and the petitionsr is entitled to reimbursement for the ioss ocoasioned by break and bandftofthepond. 3. Be that as it may, it requires resolution of the disputed facts as to vmether the break in pond took place on account of nriis-management oommitted by the Raju respondent - Nagar Panchayat or otherwise, the said question oannot be decided by this Court in exercise of its extraordinary jurisdiction under Artiole 226 of the Constltution of india. This requires examination of witnesses, doouments eto., before deciding the finding offaot. 4. Thus, the writ petition is dismissed as not maintainable. However, in the faots and circumstances of the case, liberty is reserved to the petitioner/society to take recourse to any other forum that may be available to it. Consequentiy, M.W.P.No.4940/2006 standsdisposedof. --^7---—----- Sd/- Satish K. Agnihotri Judge h ^-Si^sSK^i