ARVINDBHAI KARSANBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WHAT is challenged in this petition, under Article 226 of the Constitution of India, is the decision dated 2nd February, 2009 of the Assistant Director of Fisheries, Rajkot granting the fishing rights in respect of Sariyamati Pond, Village Thorala, Taluka Jetpur, District Rajkot, to respondent No. 3.

(2.) THE decision is challenged on the ground that the decision is contrary to the policy of the State Government as contained in the Government Resolution dated 25th February, 2004 and also on the ground that the offers made by different parties were considered in absence of the petitioner.

(3.) AFFIDAVIT-IN-REPLY has been filed by the Assistant Director of Fisheries, Rajkot stating that the respondent No. 3 - Shree Sariyamati Matsyodhyog Sakhi Mandal had submitted the offer through their leader Arunaben K. Solanki. As per the Government Resolution dated 25th February, 2004, a group of persons can apply for fishing rights in ponds which are having less than 200 hectors area and such rights can be granted at the upset price. The Committee consisting of the Assistant Director of Fisheries, Two Technical Officers, District Office Representative and Regional Office Representative took the decision on the basis of the policy that such fishing rights are to be given at upset price to the persons / group who are, (a) Below Poverty Line (B. P. L.) ration card holder (b) Localite (c) Residing at nearby areas (d) An individual member (e) Group of members from different families. The respondent No. 3 is a local women's group with 20 members, out of whom, 10 members are below poverty line. The Sakhi Mandal is registered with the Taluka Panchayat, Jetpur. It is also the specific case of the respondents that the petitioner himself is neither the person below poverty line nor is he a member of any such group having below poverty line members.