RAJENDRA CHANDRAKAR Vs. STATE OF C.G

JUDGEMENT

(1.) BY this petition, the Petitioner, President, Chhattisgarh Fishery Cooperative Society, Telibandha, District Mahasamund, questions the legality and validity of the order dated 05.09.2005 (Annexure P-3) passed by the Chief Executive Officer, leased out the right of fishing of the disputed irrigation pond to Respondent No. 2 and 3 Society for a period of 5 years, the order dated 13.12.2005 (Annexure P-8) passed by the Collector, Mahasamund. confirming the order dated 05.09.2005, as being valid and proper and order dated 12.04.2006 (Annexure P-11) passed by the Director, Panchayat, where under the revision filed by the Petitioner was dismissed holding that 58.89 hectare of submerged area of Telibandha Irrigation Pond is in village Kurrubhata and 7.59 hectare submerged area is in Telibandha. Both the areas come within the periphery of 8 K.M. Thus, the grant of lease for fishing right to the Respondent No. 2 and 3 society was just and proper.

(2.) THE indisputable facts, in nutshell, are that the Petitioner and Respondent No. 2 and 3 societies are registered co-operative societies engaged in the business of pisciculture. On 20.07.2005, applications were invited on floating tenders by Janpad Panchayat, Mahasamund, for leasing out the fishing rights to the Registered co-operative society, which operates within the periphery of 8 K.M. THE Petitioner society and the Respondent No. 2 and 3. Jai Mama Bhancha Co-operative Society, Kurrubhata, applied for the same. Having considered all the aspects, the lease of fishing rights of the pond was awarded to the Respondent society, Jai Mama Bhancha Co-operative Society. Kurrubhata, (hereinafter referred to as 'Respondent society') vide order dated 5.9.2005, pursuant to the resolution dated 20.7.2005 (Annexure P/1).

(3.) THE Collector, vide order dated 13.12.2005 (Annexure P/8), after hearing both the parties, came to the conclusion that 58.89 hectare of the submerged area is in village Kurrubhata and 7.59 hectare is in village Telibandha. Thus, as per policy, the society operating in village Kurrubhata, i.e. the Respondent society, has preferential right over the allotment of fishing right of the Telibandha and the area of both the society are within the periphery of 8 K.M. Thus, the appeal filed by the Petitioner society was rejected and the order passed by the Chief Executive Officer, Mahasamund was upheld.