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Bombay High CourtWP/6965/2015admittedallwdgrantedrule absolute

Dongarshewali Matsyavyavsay Sahakari Sanstha,Mary., Dongarshewali, Thr. Prest. Habib Shah Kadar Sha v. State Of Maha., Through Commissioner Of Fishery, Taraporwala, Mumbai And Others

2016-08-19Hon'Ble Shri Justice P.B. Varale2 pages

933-WP-6965-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6965 OF 2015 Dongarshewali Matsyavyavsay Sahkari Sanstha, Maryt. Dongarshewali, Thr. Its President, Habib Shah Kadar Shah, Chikhli, Buldhana.

-vsState of Maharashtra, Thr. Commissioner of Fishery, Charni Road, Mumbai and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. P. Kalmeghe, Advocate for petitioner. Shri M. A. Kadu, AGP for respondent Nos.1 to 4. CORAM : A.S.CHANDURKAR, J.

DATE : December 23, 2015 Caveat has been filed by the Chairman of respondent No.5-Society in person. Learned counsel for the petitioner states that the Chairman of the petitioner has informed the respondent No.5 as regards filing of the writ petition.

It is submitted by learned counsel for the petitioner by referring to communication dated 12/01/2011 that the total area of operation of the petitioner's Society was 30 hectare on the basis of which no objection certificate came to be granted. Pursuant thereto on 19/09/2011 by conducting auction, the petitioner was granted lease for fishing rights for the period from 01/07/2011 to 30/06/2015. The impugned order however has been passed by considering total area of operation to be 28 hectares.

Issue notice for final disposal of the writ petition, returnable on 15/01/2016. Shri M. A. Kadu, learned

933-WP-6965-15 2/2 Assistant Government Pleader waives notice on behalf of respondent Nos.1 to 4. Humdast for service on respondent No.5. Ad interim relief in terms of prayer clause (ii).

JUDGE Asmita