FISHERMEN SAHAKARI SANGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

(2.) By order dated 14/2/2019 the Commissioner has recalled its approval dated 6/2/2019.

(3.) According to the petitioner, the necessary facts in short are that the petitioner is a Cooperative Society registered under M.P. Cooperative Societies Act . Pehsari Reservoir situated in District Gwalior was handed over to the Zila Panchayat under the policy framed by the State for awarding fishing rights. Accordingly, notice inviting tenders were issued and the petitioner also applied for grant of lease. As per Clause 1.2 of the policy after receiving the applications, recommendations has to be obtained from the Fisheries Department and thereafter, the concerning Panchayat shall finalize the matter within 30 days and forward the same to the competent authority. It is submitted that the lease has to be granted by the Zila Panchayat, therefore, the Divisional Commissioner is the competent authority as per Clause 5.1 of the policy. The applications which were received were sent to Assistant Director, Fisheries, for its recommendations and the comparative chart was prepared and the petitioner was placed at the top of the panel. Certain objections were made as to the working area of the petitioner and ultimately the Agricultural Standing Committee by its resolution dated 4/8/2018 decided to recommend award of fisheries rights to the petitioner. The said resolution dated 4/8/2018 was not challenged by any of the tenderers. Thereafter, the matter was forwarded to the Commissioner by the Collector. The Commissioner in its turn directed the Joint Registrar, Fisheries, to place its comments after examining the matter. After receiving the recommendations dated 28/1/2019 from the Joint Director, Fisheries, the Commissioner gave his approval and thereafter, an order dated 8/2/2019 was issued by the respondent no.3 and the lease deed was signed after depositing the lease rent on 11/2/2019. It is submitted that before the lease deed could be registered, the Commissioner recalled its own approval at the behest of the Departmental Minister and hence, the present petition has been filed against the order dated 14/2/2019 passed by the Commissioner, Gwalior Division, Gwalior by which his approval dated 6/2/2019 has been kept in abeyance.