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2023 Supreme(MP) 868

SUBODH ABHYANKAR
Rashtriya Machua Manjhi Jal Krishi Sahkari Sanstha Maryadit Thr. Its President – Appellant
Versus
State Of Madhya Pradesh Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri Sunil Jain, Senior Advocate With Shri Rizwan Khan, Advocate
For the Respondent:Shri Mukesh Parwal, Shri P. R. Bhatnagar, Advocate, Shri Manu Maheshwari, Advocate, Ms. Dixita Gupta, Advocate

ORDER :

Heard finally, with the consent of the parties.

2. This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 09.11.2021 passed by the Deputy Commissioner, Water and Drainage Division, Indore Municipal Corporation, whereby, the lease dated 06.09.2019 allotted to the petitioner for fishing at Yashwant Sagar reservoir for a period of 10 years has been cancelled on account of violation of the lease condition.

3. In brief, the facts of the case are that the petitioner is a co-operative society registered under the Madhya Pradesh Co-operative Societies Act, 1960 and has approximately 280 members. Its primary objective is related to ensure that its members who are fishermen, gets the employment.

4. The case of the petitioner is that on 06.03.2019, the respondent No.3 Indore Municipal Corporation floated an NIT for allotment of patta of Yashwant Sagar reservoir for fish farming and management for a period of 10 years and the petitioner also participated in the aforesaid tender and was granted a lease for a period of 10 years on 06.09.2019 and the lease agreement was executed on 07.09.2019 (Annexure P/5). Subsequently, the peti

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