Bombay High Court
Jagdamba Fisheries Co-Operative ... vs State Of Maharashtra, Thr. Its ... on 8 December, 2023
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
2023:BHC-NAG:17173-DB
1 WP3434.22+1 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 3434 OF 2022
with
WRIT PETITION NO. 3462 OF 2022
.........
WRIT PETITION NO. 3434 OF 2022
PETITIONER : Jagdamba Fisheries Co-operative Society,
having its area of operation in Pathrad (Devi),
through its President, R/o Tq. Darwha,
Dist. Yavatmal.
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through its Commissioner,
Department of Fisheries, Mumbai.
2] State of Maharashtra,
through its Regional Deputy Commissioner,
Department of Fisheries, Amravati.
3] State of Maharashtra,
through Assistant Commissioner,
Department of Fisheries, Yavatmal.
4] Gopalkrushna Fisheries Co-operative Society
having its area of operation in Bodhgavhan,
through its President, R/o Tq. Darwha,
Dist. Yavatmal.
5] The Regional Tank Allotment Committee,
Amravati, through its Member cum Assistant
Commissioner, Fisheries, Yavatmal.
---------------------------------------------------------------------------------------------------
Mr. O. A. Ghare, Advocate for the petitioner.
Mrs. S. S. Jachak, Addl. G. P. for the respondent no.1 to 3 and 5
Mr. Rahul Tajne, Advocate for respondent no.4
---------------------------------------------------------------------------------------------------
2 WP3434.22+1 (J).odt
with
WRIT PETITION NO. 3462 OF 2022
PETITIONER : Gopalkrushna Bhujalashayin Matsyavayavsay
Sahakari Sanstha, Bodhgavhan,
Post Bori Arab, Tal. Darwha, Dist. Yavatmal,
through its Secretary Dinesh Vitthalrao Ingole,
Age 46 years.
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through Commissioner of Fisheries,
Mumbai.
2] Regional Deputy Commissioner of Fisheries,
Department of Fisheries, Amravati so also
Chairman, Regional Leval Lake Contract
Committee (Pradeshik Stariya Talao Theka
Committee)
3] Assistant Commissioner of Fisheries,
Department of Fisheries, Yavatmal.
4] Jagdamba Matsyavayavsay Sahakari Sanstha,
Pathrat Devi, Tal. Darwha, Dist. Yavatmal.
5] Bahirinath Matsyavayavsay Sahakari Santha,
Hathgaon, Tal. Darwha, Dist. Yavatmal.
6] Sagarmanthan Matsyavayavsay Sahakari
Sanstha, Banayat, Post Ladkhed,
Tal. Darwha, Dist. Yavatmal.
---------------------------------------------------------------------------------------------------
Mr. Rahul Tajne, Advocate for the petitioner.
Mrs. S. S. Jachak, Addl. G. P. for the respondent no.1 to 3
Mr. O. A. Ghare, Advocate for respondent no.4
---------------------------------------------------------------------------------------------------
CORAM : SMT. ANUJA PRABHUDESSAI and
MRS. VRUSHALI V. JOSHI, JJ.
DATED : DECEMBER 08, 2023.
3 WP3434.22+1 (J).odt
ORAL JUDGMENT (PER - Smt. Anuja Prabhudessai, J.)
1. RULE. Rule made returnable forthwith. Heard finally by
consent of the learned advocates for the parties.
2. The dispute in these petitions relates to auction of fishing
tank at Gokhi in Yavatmal district. In the previous auction held on
26.09.2017, respondent no.4 Gopalkrushna Fisheries (petitioner in
W.P. No. 3462/2022) was the successful bidder and the said Gokhi
tank was allotted to it for the period 2017-22 with certain conditions
including providing work to local fishermen, submission of report of
produce etc. On 09.05.2022, M/s Jagdamba Fisheries (Petitioner in
W.P. No.3434/22) lodged a complaint with respondent no.1 alleging
non-compliance and violation of the conditions by respondent no.4 -
Gopalkrushna Fisheries during the lease period of 2017-22. In the
meantime, respondent no.2 - Regional Deputy Commissioner of
Fisheries initiated the process of allotment of Gokhi tank for the period
2022-2027. The grievance of the petitioner - Jagdamba Fisheries is
that no action has been taken by respondent no.2 on the grievance
raised vide complaint dated 09.05.2022. Hence, the petitioner -
Jagdamba Fisheries filed Writ Petition No. 3434/2022, to take
4 WP3434.22+1 (J).odt
cognizance of and decide the complaint dated 09.05.2022 in a time
bound manner.
3. In the meantime, on 16.03.2022, the respondent
Department published list of registered societies eligible for taking
contract of fishing in various tanks/lakes in the district Yavatmal. The,
respondent no.4 was not shown to be registered or eligible with Gokhi
lake, however, vide notice dated 21.06.2022, the respondent-
Department, without considering the objection raised in respect of
eligibility of Jagdamba Fisheries, called upon Jagdamba Fisheries to
participate in the auction. Respondent no.4 - Gopalkrushna Fisheries,
(the petitioner in W.P. No. 3462/22) has filed this petition challenging
the said notice dated 21.06.2022 issued by respondent no.2 to the
petitioner (in W.P. No.3434/22) - Jagdamba Fisheries to participate in
the meeting dated 27.06.2022 for holding auction of the lake for the
period 2022-27.
4. It is not in dispute that during pendency of these petitions,
auction was held on 27.08.2022 and in the said auction, respondent
no.4 - Gopalkrushna Fisheries was the highest bidder for Gokhi tank.
Accordingly, the fishing rights are allotted to said Gopalkrushna
5 WP3434.22+1 (J).odt
Fisheries for the period 2022-27. Considering these aspects, Writ
Petition No. 3462/2022, filed by M/s Gopalkrushna Fisheries has
otherwise rendered infructuous. It is to be noted that the petitioner in
W.P. No. 3434/2022 - Jagdamba Fisheries had earlier raised challenge
to the order of allotment of fishing rights in favour of M/s
Gopalkrushna Fisheries by filing W.P. No. 8154/2022, which has been
subsequently withdrawn. In such circumstances, prayer clauses (B),
(B1) and (C1) of W.P. No.3434/2022 have rendered infructuous. The
only grievance that remains is of taking cognizance of complaint dated
09.05.2022 filed by the petitioner- Jagdamba Fisheries. It is stated that
respondent no.1 has, till date, not taken any decision on the said
complaint.
5. Learned A.G.P. states that the decision will be taken on the
complaint dated 09.05.2022, after hearing the petitioner -Jagdamba
Fisheries and respondent no.4 - Gopalkrushna Fisheries, within a
period of eight weeks. The statement is accepted.
6. The petition is disposed of in view of the said statement
with a direction to respondent no.1 to hear the respective parties and
6 WP3434.22+1 (J).odt
decide the complaint dated 09.5.2022, filed by the petitioner -
Jagdamba Fisheries, within a period of eight weeks from receipt of this
order. Both the writ petitions stand disposed of. No costs.
(VRUSHALI V. JOSHI, J.) (ANUJA PRABHUDESSAI, J.)
Diwale
Signed by: DIWALE
Designation: PS To Honourable Judge
Date: 14/12/2023 19:03:00
