M/S Karan Agencies, Yavatmal Thr. Its Proprietor, Shri Ashok Bijwar v. State Of Maha., Thr. Secretary, Agriculture, Dairy Devpt., Animal Hus. And Fisheries Dept., And ANR

2024:BHC-NAG:248-DB 48 WP-3651-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

OF [M/s Karan Agencies .Vs. The State of Maharashtra and Anr.] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr S. S. Ghate, Advocate for Petitioner.

Ms P. Joshi, AGP for Respondent No.1/State.

Mr A. A. Naik, Advocate for Respondent No.2.

CORAM

: AVINASH G. GHAROTE AND SMT. M. S. JAWALKAR, JJ.

D ATE : 8 th JANUARY, 2024 .

.

The petition questions the curtailment of the period for which contract for fishing in Bembla Water Tank, which was originally allotted to the petitioner. Though the contract period of the petitioner was over, an extension was sought on account of excessive rainfall, as a result of which, the petitioner was not in a position to continue with his activities. In an appeal, filed by the petitioner, the Appellate Authority by the order dated 30.05.2023 (Page 26) accepted the plea of the petitioner and granted extension from 20.03.2023 to 19.03.2024 for a period of one year. It is, however, not disputed that since the appeal was decided on 30.05.2023 (Page 26), the activity of fishing was actually permitted from 16.06.2023 onwards. The petitioner, is therefore, deprived of continuing the activity for a period of three months as contemplated by the order dated 30.05.2023. Though a revision has been filed by the respondent No.2 against the order dated 30.05.2023, there TAMBE

48 WP-3651-2023.odt is admittedly no stay, considering which, the petition would be entitled to the full duration, for which the order contemplates the continuation of fishing activities. 2.

The petition is, therefore, allowed permitting petitioner to carry out the fishing activities in the Bembla Water Tank till 15.06.2024. This will not come in the way of the Revisional Authority in deciding the revision on its own merit.

(M. S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) TAMBE