(a -} rz ^l^oLE IN THE HI6H COURT OF JU&ICATURE AT BILASPUR, W.P. (C) N0._r2^,SS~ of 2010 PFTITEONER RESPONDENTS \ "'. ,/^/ .^// ^^</ /iyS/ ^.;'".<~r\/y' ^/^y .••"y.0~5.--' ^~.' ^ ./ n^CK Vs Jai Budhadev Swa-sahayta Samooh, No.17842, Village Sagariya Khamhariya, Post Singhan9arh, Block Sahaspur-lohara, District Kabirdham, Through its President Shri Shatruram 6ond, son of Shri Kunwar Singh, aged 4S years, resident of Village Gagariya Khamhariya, Post Singhangarh, Block Sahaspur- lohara, District Kabirdham (C6) 1. State of Chhattisgarh through the Secretary, Departmentof Panchayat and Rural Development, &.K.S. Bhawan, Mantralaya, Raipur.(c<^.^) 2f The Collector, Kabirdham ^) s'-s7'- t<w,^(oh-^ 3. Janpad Panchayat Sahaspur-Lohara, through its Chief Executive Officer, Sahaspur-lohara, Distt Kabirdham (C6) 4. Smt. Kumari Bai, wife of Mohanram Netam, resident of Kotarabundeli, President of Jai Maa Laxmi Swa-sahayata Samooh, Village Kotrabundeli, Tehsil Sahaspur-Lohara, District Kabirdham.^.Q^) 5. Kejurarn Dheemar, son of Beniram Dheemar, resident of P.S. Bhendrawani, Tehsil Saja, District Durg, President of Naveen Machua Shahkari Samiti Maryadit, Village Bhendarwani, Tehsil Saja, Distt Durg (C6) '"~> A. tlffi'i!^-; i ;s! n;n-ii; [1i'!?nn.s;«>s^.l iKi®!.:.!,-3s,,3'.e.!.-»s, /f^?Steete's'^S' 1ttS ;s'^*?a ;BS]l^f®el ^ '•WtistSf^S' ISg^^^^tS^^'^3' ll3-3i!as:aia8 iiSia^^S^s- 1.. ^.<^SB"; » CD1r^ l'v^-9 : 6 Shri Dilip Sahu, son of non known, Sabhapati, Sthayee Krishi Samiti, Janpad Panchayat, Sahaspur Lohara, District Kabirdham (Kawardha) (C.G.) :7) Srimati Soniya Verma, W/o. not known, Member, Krishi Samiti, Janpad Panchayat, Sahaspur Lohara, District Kabirdham (Kawardha) (C.6.) :8) Shri Abdul Hamid Rizvi, son of not known, Member, Krishi Samiti, Janpad Panchayat, Sahaspur Lohara, District Kabirdham (Kawardha) (C.G.) :9) Shri T.R.Singh, Senior Agriculture Development Officer, Sahaspur Lohara, District Kabirdham (Kawardha) (C.6.) :10) Shri Prakash Chand Jain, Fishery Inspector, Sahaspur Lohara, District Kabirdham (Kawardha) (C.6.) :11) Shri Nikose, Horticulture Development Officer, Sahaspur Lohara, District Kabirdham (Kawardha) (C.G.) :12) Shri S.K.Janghel, Veterinary Doctor, Sahaspur Lohara, District Kabirdham (Kawardha) (C.&.) C3 WRIT PETtTION UNDER ARTICLE Z260F THE CONSTITUTION OF IN&IA I- n--* r*>.-a—^--—* • yl e3- SS'CSSSe^f HIGH COURT OF CHHATTISGARH : BIU\SPUR WRIT PETITION (C) N0. 3635 OF 2010 PETITIONER Jai Budhadev Swa-sahayta Samooh Versus State of Chhattisgarh & Others RESPONDENTS (Writ Petition underArticle 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Dinesh Tiwari, Advocate for the petitioner. Shri N.N.Roy, Panel Lawyerforthe State. ORDER (Passed on 21st day ofJuly, 2010) 1. Challenge in this petition is to the order dated 1/7/2010 (Annexure P-1), whereby the lease of fishing rights granted to the petitioner by resolution dated 11/9/2009 was cancelled and the same was directed to be allotted to respondent No.4. 2. The brief facts in nutshell are that, the petitioner society is a society registered under the provisions of C.G. Societies Registration, Act, 1973. The society made an application for grant of lease for fishing in Jhipaniya Dam. The Permanent Agricultural Committee (for short "the Committee) in its meeting held on 11/9/2009 (Annexure P-4) resolved to grant fishing right of Jhipaniya Dam for a period of five years to the petitioner society. 3. The respondent No. 4 & 5 being aggrieved by the decision of the committee preferred an appeal under provisions of Section 91 read with Section 95(3) of the Panchayat Raj Adhiniyam, 1993 in the - Court of Collector, Kabirdham, The Collector, Kabirdham after having heard all the parties and having considered all the facts observed that three applieations were filed for grant of fishing right in Jhipaniya Dam. There is no mention in the resolution that the land of some of -^" ''^f'^ the members of Jai Maa Laxmi Swa-sahayata Samooh, Kotrabundeli came under submergence in the Dam. 4. The Collector, in his order dated 1.7.2010, observed that Jai Maa Laxmi Swa-sahayata Samooh, Kotrabundeli had 11 members and about 23.00 acres of their land came under submergence in the Darti. The petitioner society belongs to village Gagariya Khamhariya having 10 members and only 5-6 acres of land of their members was under submergence. The memo dated 24/3/2003 provides for preference in granting of fishing right to the society, wherein members of the society have lost more land in submergence than other society. Accordingly, the resolution dated 11/9/2009 was not in accordance with memo dated 24/3/2003. Accordingly the resolution dated 11/9/2003 for grant of fishing right to the petitioner was contrary to the instructions issued under memo dated 24/3/2003. Under scheme of the Act, the respondent Jai Maa Laxmi Swa- sahayata Samooh, Kotrabundeli has preferentially right and as such the lease for fishing right in the Jhipaniya Dam for 5 years should be allotted to Jai Maa Laxmi Swa-sahayata Samooh, Kotrabundeli. 5. Learned counsel appearing for the petitioner submits that resolution passed by the committee of Janpad Panchayat was just and proper in accordance with memo dated 24.3.2003. It has rightly resolved to grant lease of fishing right to the petitioners. The petitioner does not controvert the facts as recorded by the authority below. 6. The claim of the petitioner forpreferential right is only on the basis that the petitioner society is a local society. The fact that only the land to the extent of 5-6 acres of the members of the petitioner society was acquired and which came under submerges and further the members of Jai Maa Laxmi Swa-sahayata Samooh, Kotrabundeli 1 ^x ^ &c, have lost lands to the extent of 23.00 acres is not disputed. Thus, there is no irregularity, illegality and perversity in theorder passed by the Collector, Kabirdham. 7. Having considered all the facts of the case, 1 do not find any reason to interfere with the findings and order passed by the Collector. Thus, thepetition is dismissed. — ?,shok Sd/- Satish K. Agnihotri Judge