BRAJA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in his capacity as the President of Uttarayani PFCS has filed W.P.(C) No.8083 of 2012 seeking directions from this Court for eviction of unauthorized encroachment and handing over the possession of the source in question for catching of fish in the Chilika lagoon. The Uttarayani PFCS has been registered since 1962 and is affiliated to FISHFED, Bhubaneswar. The society consists of traditional fishermen. Their livelihood depends on traditional fishing inside Chilika. The petitioner claims that the society has taken the lease from the FISHFED as per recommendation of the District Collector, Puri for catching fish. There are three sources for catching fish, namely, Chateikonajano and Bahana, Sorangi Jano, Aanlakuda and Kurupala Bahara Chilika. These are the traditional sources of catching fish which the society has taken on lease. These three sources have been affiliated to the society by the FISHFED and possession has also been given to the society. It is pleaded that as per the agreement and allotment of sources for the Year, 2010 -2011, the opposite party no.2 issued letter on 07.07.2010 for deposit of lease amount for execution of agreement. The opposite party no.2 issued notice and, accordingly, the petitioners society on 17.07.2010 deposited the lease amount of Rs.78,954/ -, which is in respect of the above three sources.

(2.) IN W.P.(C) No.8850 of 2012, the petitioner being the Secretary of Gundicharani Matshya Samabaya Samiti (Primary Fishermen Co -operative Society) has prayed for quashing of Annexure -4, i.e. order passed by the Collector, Puri, whereby his application for settling the Analakuda Bahar Chilika (Sorangi) has been rejected.

(3.) IN view of the above order, the Fishery Misc. Case bearing No.112 of 2010 has been disposed of and the petitioners society was found to be entitled to the sources in question. Accordingly, the Collector, Puri passed the orders on 18.08.2011. Even despite of the Courts order and after recommendation of the sources in question, the opposite party no.2 took five months to execute the agreement between the parties and, on 07.03.2012, the agreement has been executed for the aforesaid sources. The petitioner claims that the agreement starts from 1st July, 2011 and ending on 30th June, 2012, subject to payment of leased value. The petitioner alleges that the Tahasildar, Krushnaprasad with a malafide intention sat over the matter and took one months time for issuance of notice to the petitioners society for handing over the possession and, accordingly, it was noticed that the petitioner has to be present for handing over the possession on 27.04.2011 at 10 A.M. The petitioner further claims that the villagers of Aanlakuda headed by one Maguni Jena, who is the President of that village, have taken forcible possession over the said sources and doing prawn culture, which is contrary to the direction issued by the Supreme Court. On such allegations, the petitioner has filed this writ petition praying for necessary directions be given to the Tahasildar, Krushnaprasad for handing over possession of the sources in question to the petitioners society.