Dirbamata Matshya Vyavsay Co-Op. Soc. Ltd. v. The State Of Maharashtra Through Dept. Of Fisheries And ORS.

SWAROOP SHARAD PHADKE by SWAROOP SHARAD PHADKE Date: 2021.07.31 10:51:59 +0530 24 wp 2590 of 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2590 OF 2021 Dirbamata Matshya Vyavsay Co-op. Soc. Ltd.

...

Petitioner

Versus

The State of Maharashtra and Ors.

...

Respondents Mr. Rakesh K. Agrawal, for Petitioner.

Ms. M.P.

Thakur, AGP, for State.

Mr. Rohit Sakhadeo, for Respondent No.2.

Mr. Abhijit P. Kulkarni, for Respondent Nos.3 and 4. CORAM: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

THROUGH VIDEO CONFERENCING) DATE :

th JULY, 2021 P.C. :

1.

By the above Writ Petition, the Petitioner inter alia seeks the following relief :

"(a) That this Hon'ble Court may please to verify the contentions and allegations made by the Petitioner in the present Petition and after verifying legality and propriety of the allegations so made, this Hon'ble Court may please to issue writ of Mandamus or Writ in the nature of Mandamus commanding the Respondent Nos.3 and 4 to forthwith grant fisheries contract to the Petitioner qua said pond as per GR dated 3 rd July, 2019;"

2.

The learned Advocate appearing for Respondent Nos.3 and 4 has today tendered a copy of the Resolution dated 7 th July, 2021 passed by the Wada Nagar Panchayat in its Special Meeting held on 8th and 9 th March, 2021, wherein the Wada SSP 1/2

24 wp 2590 of 2021.doc Nagar Panchayat has decided to handover the pond within the limits of Wada Nagar Panchayat to the Petitioner for a period of three years for being used by them for fishing activity, subject to the government rules. The said Resolution is taken on record and marked 'X' for identification.

3.

The Corporation shall execute the contract with the Petitioner and handover to them the possession of the pond not later than three weeks from today. The issue pertaining to the contention of the Petitioner that the term of the contract should be of five years is kept open.

4.

The Writ Petition is accordingly disposed of. ( MILIND N. JADHAV, J.) ( S.J.KATHAWALLA, J. ) SSP 2/2