2026:CGHC:17666 NAFR SHYNA AJAY HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by SHYNA AJAY Date:

2026.05.08 WPC No. 89 of 2021

13:51:59 +0530 Adarsh Machhuwa Sahakari Samiti Maryadit Village Ratanpur Through Its President Sonuram Dhiwar S/o Shri Santram Dhiwar , Aged About 48 Years, R/o Village Ratanpur, Tahsil Kota, District Bilaspur , Civil And Revenue District Bilaspur Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Agriculture And Fisheries Department, Mantralaya, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2 - The Director, Fisheries Department, Indrawati Bhawan, Directorate , Atal Nagar, Raipur Chhattisgarh.

3 - The Collector Bilaspur District Bilaspur Chhattisgarh

4 - The Chief Municipal Officer, Municipal Council, Ratanpur , District Bilaspur Chhattisgarh ... Respondent(s)

(Cause Title downloaded from CIS Periphery)

For Petitioner(s) : Mr. Manoj Kumar Sinha, Advocate For Respondent/ : Mr. Dilman Rati Minj, Dy. AG State For Respondent Mr. RS Patel, Advocate No.4 SB: Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

17/04/2026

1. By way of this petition, the petitioner challenges the orders/notices dated 19.11.2020 and 26.11.2020 (Annexure P/1) issued by respondent No.4-Chief Municipal Officer, Municipal Council, Ratanpur, whereby, the Petitioner-Samiti has been directed to deposit the 2^nd, 3^rd, 4^th and 5^th installments of lease rent concerning the ponds i.e. Ratneshwar pond, Rani Dulari pond and Panchdewari pond, which were allotted to them for fish farming by a lease agreement dated 22.6.2016 for a ten-year term w.e.f. 15.6.2016 to 14.6.2026.

2. The petitioner has prayed for the following reliefs in the present petition :

10.1 That the Hon’ble Court be pleased to call for the entire records of the petitioner's case.

10.2 That the Hon'ble court be further pleased to quash the impugned order/notice dated 19.11.2020 and 26.11.2020(Annexure-P/1) issued by the Respondent No.4 as it is illegal and against the order passed by this Hon'ble Court.

10.3 That the Hon'ble court be further pleased to direct the Respondent authority not to recover the installments as the petitioner is not sowing the fresh fish seeds in the subject ponds as per direction issued by this Hon'ble court. Or if the petitioner will deposit the installments as directed, he may be allow to put fresh fish seeds in the subject ponds for fresh fish farming.

10.4 Any other order that the Hon'ble Court deems fit and necessary in the circumstances of the case be also passed.

10.5 That the cost of the petition be also awarded to the petitioner.

3. The relevant facts, briefly narrated, are that the Petitioner is a Samiti, duly registered under the Chhattisgarh Cooperative Societies Act. The Petitioner is the oldest Machhuwa Samiti in the region registered on 10.10.1963. Its members are traditional fish farmers living below the poverty line. The petitioner had earlier filed WPC No.141/2016 before this Court challenging the order dated 31.7.2015 passed by the Additional Commissioner, Bilaspur Division, Bilaspur, whereby, the Additional Commissioner declined to interfere with the Collector’s order, which resulted in setting aside of the allotment and the subsequent three-year lease execution. In the aforementioned Writ Petition, this Court directed vide order dated 21.6.2016 that if the petitioner is unsuccessful in freshly drawn proceedings, the deposited amount of Rs.3,29,202/- shall be refunded. Conversely, if successful, the petitioner may apply before the Municipal Council to have the aforesaid amount adjusted against the fresh allotment. Pursuant to a general notice dated 9.6.2015, the petitioner participated in fresh allotment proceedings for a 10-year lease. After due verification, the petitioner was ranked at Sl. No.1. As per the State Government Circular of 2013, priority in pond allotment must be accorded to the oldest registered Samiti. Consequently, the subject ponds were allotted to the petitioner. On 15.6.201