Bombay High Court
Kalbhairav Macchimar ... vs State Of Maharashtra, Through Its ... on 11 April, 2017
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.4414/2014
Kalbhairav Macchimar Cooperative Society,
Limited, bearing Registration No.864,
Vihigaon, Taluka Khamgaon, District Buldhana,
through its Secretary Shri Bhaskar Shrawan
Satole, aged about 51 Yrs., Occu. Agriculture
and Fishing, R/o Vihigaon, Taluka Khamgaon,
District Buldhana. ..Petitioner.
..Vs..
1. State of Maharashtra,
through its Commissioner of Fisheries,
having its office at Taraporewala Aquarium,
Charni Road, Mumbai (W).
2. Deputy Commissioner of Fisheries,
Amravati Division, Amravati.
3. Assistant Commissioner of Fisheries
(Technical) having its office at
Buldhana.
4. Government of Maharashtra,
Ministry of Agriculture, Animal Husbandry,
Dairy Development and Fisheries, Mantralaya,
Mumbai - 32, through its Secretary.
5. Ramnagar Matsya Vyavasaya Cooperative
Society Limited, Ramnagar, Taluka
Khamgaon, District Buldhana, through its
President. ..Respondents.
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Shri S.K. Tambde, Advocate for the petitioner.
Shri S.P. Deshpande, Addl. G.P. for respondent Nos.1 to 4.
Shri A.M. Ghare, Advocate for the respondent No.5.
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CORAM : Z.A.HAQ, J.
DATE : 11.4.2017.
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C.A.W. NO.234/2016
Considering the facts of the case specially that the challenge of the
petitioner society to the allotment of tank to respondent No.5 society would be
rendered infructuous on completion of period of contract of the petitioner, the
application for early hearing is granted. Civil application is allowed. No costs.
WRIT PETITION NO.4414/2014
ORAL JUDGMENT
1. Heard Shri S.K. Tambde, Advocate for the petitioner, Shri S.P.
Deshpande, Addl. G.P. for the respondent Nos.1 to 4 and Shri A.M. Ghare,
Advocate for the respondent No.5.
2. The petitioner society has challenged the order passed by the
Commissioner of Fisheries by which the revision filed by the petitioner is
dismissed and the decision of the tank allotment committee granting fishing
contract of the tank in question to the respondent No.5 society is maintained.
3. After arguing for some time, the learned Advocate for the petitioner
has submitted that as per the terms of contract by which the fishing rights are
allotted to the respondent No.5 society the term is to expire in June, 2017. It is
submitted that the petitioner society was disqualified from staking its claim for
the fishing rights on the ground that the petitioner society was a defaulter
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having not paid an amount of Rs.79,900/- to the Zilla Parishad, Buldhana.
Though initially the petitioner society disputed its liability on various grounds,
now the submission on behalf of the petitioner society is that it is willing to pay
the dues of Zilla Parishad, Buldhana as may be worked out by the Zilla
Parishad, Buldhana and on clearing the dues, the petitioner may be permitted
to participate in the auction process which will be conducted in future. The
learned Advocate for the petitioner society has pointed out that this offer was
made earlier also before the Sub-Divisional Officer, Sub-Division Zilla Parishad,
Khamgaon and Executive Engineer, Irrigation Department, Zilla Parishad,
Buldhana.
4. The learned Advocate for the respondent No.5 has submitted that
the revision which was filed by the petitioner society before the Commissioner
of Fisheries was not maintainable as decision of the tank allotment committee
cannot be challenged in revision under Section 154 of the Maharashtra
Co-operative Societies Act. To support the submission, learned Advocate has
relied upon the judgment given by this Court in the case of Ambika Mahila
Matsyavyavasayik Sahakari Sanstha Ltd., Vatbori V/s. State of Maharashtra and
others reported in 2015 (3) Mh.LJ.691.
Shri S.P. Deshpande, learned Additional Government Pleader has
supported the impugned order.
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5. Considering the facts of the case, in my view, the interests of justice
would be sub-served by the following order:
The decision of the tank allotment committee and the order passed
by the Commissioner of Fisheries which are challenged in this petition are not
interfered with. However, it is clarified that if the petitioner society pays all the
dues of Zilla Parishad, Buldhana and produces proof of it before the concerned
authority at the time of next allotment / auction of Mus tank of Vihigaon,
Taluka Khamgaon, District Buldhana, the petitioner society be permitted to
participate in the process and if found eligible and entitled then its claim
should be considered according to law.
As the next auction / allotment of the tank may be in June / July,
2017, the Zilla Parishad, Buldhana is directed to settle its claim against the
petitioner society within two months from the date on which the Secretary of
petitioner society serves the certified copy of this judgment on the concerned
Authority of Zilla Parishad, Buldhana. The petition is disposed in the above
terms. In the circumstances, the parties to bear their own costs.
JUDGE
Tambaskar.
