PRATHMIK MATSYA SAHAKARISAMITI MARYADIT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks to quash the order dated 14.05.2009 (Annexure P/1) passed by the respondent No. 3, Additional Collector, Gariyaband whereby the Revenue Revision Case No./03/B-121, year 2007-2008, has been dismissed upholding the resolution dated 10.09.2007, passed by the respondent No. 5, Gram Panchayat, Arand.

(2.) The facts, in nutshell, are that the respondent No. 5, Gram Panchayat Arand, issued a notification/publication on 08.09.207 for allotment of Government pond namely `Ganjha' on lease for fishing as per policy of the government. In response, four applications including that of the petitioner and the respondent No. 7, were received. A resolution was passed by the Gram Panchayat, allotting the lease of the pond for fishing to the respondent No.7.. According to the petitioner, the said proposal was not in accordance with law, and accordingly, against the said resolution, the petitioner preferred a revision before the respondent No. 3, praying for rejection of the resolution passed by the Gram Panchayat. The said revision was rejected vide order dated 14.05.2009 (Annexure P/1). However, in the meantime, the said resolution was stay ed by the Additional Collector, vide order dated 11.07.2007.

(3.) On perusal of the impugned order dated 14.05.2009 (Annexure P/1), it is evident that the respondent No. 3 has held that the petitioner had not filed certified copy of the resolution dated 10.09.2007 and further, all the applicants who participated for grant of lease, were not arrayed as party, thus, the revision was not maintainable and the same was dismissed. Consequently, the stay granted vide order dated 11.07.2007 was also vacated.