:^\^T^^^ Dlvisgors ,....-^^^<-'' ^•^'^ /€r?r~) CHHamsG 6^' IN THE HON»BLEHIGH CQURT TISGARH AT WRITAPPEAL BILASPUR L^ /2010 APPELLANT : Respondent No.6 RESPONDENTS:- y 1, Respondent No.l Respondent No.2 Rfspondent no. 3. ^ 3. ^- Respondent No. 4 '- 4. Respondent no. 5 Pttitioner \i. Anusuchit Jati Bahuuddeshiya Mahila Sahkari Samit Malkharouda, District Janjgir- Champa (C.G.) Through President Kanti Bai, aged about 36 years, wife of Dhaniram, Resident of Malkharouda, District Janjgir- Champa (C.G.) VERSUS State of Chhattisgarh, Through fhe Secretary, Agriculture (Fisheries Department), Department D.K.S. Bhavan, Raipur (C.G.). The Collector, Janjgir-Champa (C.G.). The Assistant Director, Fisheries Department, Janjgir-Champa (C.G.). Janpad Panchayat Malkharouda, District Janjgir-Champa (C.G.) Through the Chief Executive Officer, Chief Executive Officer, Janpad Panchayat Malkharouda, District Janjgir-Champa (C.G.) Harijan Machhua Sahkari Samiti Maryadit, Malkharouda, (Regd. No. 118/1990), through President - Ghasiyaram Banjare sonof ShriDujramBanjare, aged about 50 years, resident of village - Post, Police station and Tahsil Malkharouda, District Janjgir- Champa (C.G.). lfl % r 2SS.lua"^u» s^rASHlA£PEALTOD"a§^:^ ^7 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. WritADpeal 586 of 2010 Appellant Respondent No.6 Respondents 1. Respondent No.1 Respondent No.2. 2. Respondent No.3 3. Respondent No.4 4. Respondent No.5 5. Petitioner 6. Anusuchit Jati Bahuuddeshiya Mahila Sahkari Samit Malkharouda, district Janjgir-Champa (C.G.) Through President Kanti Bai, aged about 36 years, wife of Dhaniram, resident of Malkharouda, district Janjgir-Champa (C.G.) VERSUS State of Chhattisgarh, Through the Secretary, Agriculture (Fisheries Department), Department DKS Bhavan, Raipur (CG) The Collector, Janjgir-Champa (CG) The Assistant Director, Fishertes Department, Janjgir - Champa (CG) Janpad Panchayat Malkharouda, District Janjgir-Champa (CG) Through the Chief Executive Officer Chief Executive Officer, Janpad Panchayat Malkharouda, District Janjgir-Champa (CG) Harijan Machhua Sahkari Samiti Maryadit, Malkharouda (Regd No.118/1990), through President - Ghasiyaram Banjare, son of Shri Dujram Banjare, aged about 50 years, resident of village - Post. Police Station and Tahsil Malkharouda, District Janjgir - Champa (CG) '^ •y n ~-^ Writ Appeal under Section 2M1 ofthe Chhattisaarh (Appeal to Division Benchl Act. 2006 Present: Shri Vinay Pandey, counsel for the appellant Shri Kishore Bhaduri, Additional Advocate General for the State /respondents No.1, 2 and 3 Shri Abhishek Sharma, counsel for respondent No.6 Judament (13tn December, 2010) The following judgment of the Court was passed by Rajeev Gupta, C.J. On due consideration, the writ appeal is admitted for hearing. 2) As all the contesting respondents are represented and the matter relates to the grant of lease of water tank/pond for fisheries purposes, we deem it proper to hear and decide the appeal itsetf at this stage. 3) Leamed counsel for the parties are heard. 4) The appellant Anusuchit Jati Bahuuddeshiya Mahila Sahkari Samiti, Malkharouda was respondent No.6 in the writ petition filed by respondent No.6 in the appeal i.e. Harijan Machhua Sahkari Samiti Maryadit, Malkharouda. 5) Following reliefs were claimed in the writ petition : "A. The Hon'ble Court may be pleased to call for the entire records pertaining to the case of the petitioner from the respondents authorities for its kind perusal. B. The Hon'ble Court may kindly be pleased to quash the impugned resolution dated 16.11.2009(Annexure P/1) passed by the Janpad Panchayat Malkharouda and order of allotment dated ^ 20.11.2009 (Annexure P/2), issued by the Chief Executive, Malkharouda. C. The Hon'ble Court may kindly be pleased to direct the respondents authorities to atlot the "Bandhwa Jalashaya" for fisheries culture according to the state policy and direction issued by the respondent No.l/Government. C. The Hon'ble Court may be pleased to grant any other ancillary relief, as it may deem fit and proper in the facts and circumstances ofthe case. D. Costofthepetition." 6) The petitioner in the writ petition, thus, was seeking quashing of the resolution dated 16.11 .2009 and the order of allotment dated 20.11.2009 (Annexure P/1 and P/2 respectively), whereby Janpad Panchayat, Malkharouda resolved to grant and granted lease in favour of appellant Anusuchit Jati Bahuuddeshiya Mahila Sahkari Samiti, Malkharouda. 7) The matter relates to allotment /lease of water tank/pond known as "Bandhwa Jalashaya" situated within the jurisdiction of Janpad Panchayat, Malkharouda, district Janjgir-Champa. The appellant and respondent No.6 were the applicants seeking allotment/grant of lease of the said Jalashaya. Janpad Panchayat, Malkharouda vide its resolution/order dated 20.08.2009 resolved to alloVgrant lease of "Bandhwa Jalashaya" to appellant/society i.e. Anusuchit Jati Bahuuddeshiya Mahila Sahkari Samiti.Malkharouda for a period of five years. On the representation of the writ petitioner/society to the Assistant Director, Fisheries, the above allotment in favour of the appeliant was set aside vide order 01.09.2009 and Janpad Panchayat, Malkharouda was directed to grant lease in accordance with the policy framed by the State Government. The Janpad Panchayat, Malkharouda on a re- consideration of the matter, again granted lease of the said Jalashaya in favour of the appellant vide resolution dated 16.11.2009. Accordingly. an order of allotment/lease was passed in favour of the appellant on 20.11.2009. The said resolution dated 16.11.2009 and the order dated 20.11.2009 were the subject matter of challenge in the writ petition filed by respondent No.6 Harijan Machhua Sahkari Samiti Maryadit, Malkharouda. 8) Learned single Judge on a thorough consideration of the entire matter and the rival submissions advanced on behalf of the; parties allowed the writ petition; set aside the resolution dated 16.11.2009 (Annexure P/1) and the order dated 20.11.2009 (Annexure P/2); and directed respondents No.4 and 5 to consider the applications of the petitioner as well as other applicants including the application of respondent No.6 afresh for grant of allotment of fisheries rights of "Bandhwa Jalashaya" in accordance with the Fisheries policy ofthe State Government. 9) Shri Vinay Pandey, tearned counsel for the appellant vehemently argued that the learned single Judge has erred in not giving due weight to the fact that after the grant of lease in favour of the appellant, a substantial amount was spent by the appellant in purchasing seeds; the writ petitioner/society was disqualified for ^-Ste- ^' grant of lease on account of the financial irregularities in the society. 10) In the counter affidavit filed on behalf of the appellant in the writ petition, no such averment has been made that any amount was spent by the appellant/society in purchasing the seeds. The financial irregularities alleged against the writ petitioner/society are not of such nature which may disqualify the said society for grant of lease. 11) We, therefore, do not find any infirmity in the impugned order whereby the learned single Judge has set aside the grant of lease in favour of the appellant and has directed re-consideration of the entire matter afresh by respondents No.4 and 5. 12) We, however, deem it necessary to issue further direction to respondent No.4 Janpad Panchayat, Malkharouda and respondent No.5 Chief Executive Officer, Janpad Panchayat, Malkharouda to reconsider the matter and take a final decision in regard to the grant of lease of "Bandhwa Jalashaya" within a period of four weeks from the date of the production of a copy of this order by the parties. 13) WSth the above direction, the writ appeal stands disposed of. 14) Certified copy of the judgment as per ry^_ % Sd/- Chief Justice padma Sd/- Sunil Kumar Sinha Judge