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2006 Supreme(Bom) 1715

V.G.PALSHIKAR, NISHITA MHATRE
ARUN NARAYAN DHUMAL – Appellant
Versus
State of Maharashtra – Respondent


ORAL JUDGMENT

V. G. PALSHlKAR, ACTG. C. J. :- The village Koper in Panvel Taluka of Raigad District is one of the many villages which has its small lake or pond in which fish grows naturally as also artificially with the aid of pisciculture. It is the decision of the entire village that the rights to fish in this pond should be annually auctioned.

2. Accordingly said auction was held on 4-6-1995 and the highest bid of one Shri Ram Laxman Patil was accepted. By 7-6-1995 this Patil, the auction purchaser, noticed that the fish in the pond were dying at fast rate probably unnaturally. He therefore claimed to the village Committee (Gavki) that his money i.e. Rs. 65,000/- be returned to him.

3. The village meeting of the entire village was called on 11-6-1995 in the Ganesh Temple Hall and one Shri Kamlakant Thakur of Indian Congress Party was invited to settle the dispute arising out of this auction purchased.

4. The meeting accordingly was attended by almost every villager of village Koper and it was peacefully and unanimously decided to return the sum of Rs. 65,000/- to the auction purchaser Shri Patil. However after this decision was taken as is usual in the entire Raigad district ac

























































































































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