Decided on May 28,2020

Babamani Wshg Appellant


B.R. Sarangi, J. - (1.) Babamani Women Self Help Group, Nuagaon, represented through its president, has filed this writ application seeking mandamus to the opposite parties to extend the period of lease of Dandimunda tank situated in Mouza-Bayangadihi, P.O.- Nuahat, P.S.- Dhusuri, Dist-Bhadrak for five years by quashing the notice dated 21.05.2020 issued by the Tahasildar, Dhamnagar for putting the sairat into auction for the year 2020-21 pursuant to misc. case no. 78 of 2020-21.
(2.) Factual matrix of the case, in hand, is that the Tahasildar, Dhamnagar-opposite party no.4 issued an auction notice for auctioning the sairat source of Dandimunda tank for the year 2019-20. Pursuant to which, the petitioner participated in the process of auction and the source was allotted in its favour for the year 2019- 20, being the highest bidder, whereafter the petitioner started pisciculture, but not harvested till date. Since the period for 2019-20 has been over, fresh notice was issued by the Tahasildar, Dhamnagar in misc. case no. 78/2020- 21 vide Annexure-1 fixing 21.05.2020 as the date of auction at 9 a.m. in his office. Hence this application.
(3.) Mr. B.C. Ghadei, learned counsel for the petitioner contended that the petitioner has invested money for pisciculture, but not harvested the same. Before harvesting, fresh auction notice vide Annexure-1 has been issued. Though the petitioner has submitted a representation to grant long term lease for five years, as per the Government guidelines contained in Orissa Fisheries Policy, 2015, during pendency of the same issuance of impugned notice cannot sustain in the eye of law. The petitioner also relied upon a circular issued by the Director of Fisheries dated 19.08.2016, where long term lease of Gram Panchayat/revenue tanks for pisciculture was directed to be considered by the Collectors for a period of five years. It is further contended that as per the said guideline of the Fisheries Department, the petitioner should be allowed to continue for a period of five years, instead of the term lease of one year. To that extent, it is contended that the petitioner has also approached the Sub-Collector, Bhadrak by filing representation, which is available at page-18 of the brief, and the same has also not been considered till now. It is further contended that the Director of Fisheries on 28.05.2018 have stated that the selected WSHGs will be imparted training on scientific pisciculture and would be extended input subsidy assistance up to 60% and further reliance has also been placed on Government circular of Panchayati Raj and Drinking Water Department dated 08.06.2018 with regard to grant of lease for a period of three to five years by the Gram Panchayat, but that shall not be granted without prior approval of the Sub-Collector and Collector respectively. Therefore, it is urged that when the grievance of the petitioner is still pending for enhancement of the lease period from one year to five years, the notice issued in Annexure-1 by the opposite party no.4 for auction for the year 2020-21 cannot sustain in the eye of law.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.