JENAPUR PRIMARY FISHERMEN CO-OPERATIVE SOCIETY LIM Vs. STATE OF ODISHA, REPRESENTED THROUGH COLLECTOR, BH

JUDGEMENT

(1.) Challenge has been made to the order dated 27.07.2017 passed by the Tahasildar, Chandbali, opposite party no.3 and a further prayer has been made in the writ petition to direct the opposite party no.3 to lease out the fishery sairat, namely, "Galia Nadi Bhasani" in favour of the petitioner.

(2.) The factual matrix leading to filing of the writ petition is that the petitioner-society, being represented by its President, has filed this writ petition stating that the petitioner-society is in possession of the Sairat in question since last fifteen years and always it is being leased out to the society as the members of the society, being fishermen, are benefited from fishery business.

(3.) Be it stated that, during the current year of 2017-2018, the sairat was placed before the Collector, Bhadrak, opposite party no.1, to fix up the up-set price of the source and the opposite party no.1 has fixed the up-set price of the source at Rs.99, 500/-. While the said sairat was being leased out in presence of local officers including the District Fisheries Officer-cum-CEO, FFDA and BFDA, Bhadrak, opposite party no.2, on the recommendation dated 9.2017 of the opposite party no.2 to the opposite party no.3, it was decided to lease out the sairat in favour of the petitioner-society and accordingly, a letter was issued on 19.5.2017 by the opposite party no.