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Judgment
@JUDGMENT-JUDGMENT
Parth Prateem Sahu, J
Heard on I.A. No.1/2020, an application for condonation of delay in preferring this writ appeal as the same has been preferred with a delay of 115
days.
On due consideration, we are of the view that the explanation offered by appellants in order to justify the delay in filing this writ appeal, is
satisfactory and the same deserves to be accepted. Accordingly, IA No.1/2020 is allowed and delay of 115 days in preferring this appeal is condoned.
Also heard on I.A. No.2/2020, application seeking leave to file writ appeal by appellants, who are residents of Gram Panchayat Junwani, on the
ground that the order passed by learned Single Judge would adversely affect their interest.
For the reason assigned in IA No.02/2020, it is allowed. Leave is granted.
Challenge in this writ appeal is to the order dated 9.9.2019 passed by the learned Single Judge in WPC No.3101/2019 disposing off writ petition
preferred by respondent No.1 with certain direction to respondent No.2.
Facts of the case, in nutshell, are that petitioner/respondent No.1-Society filed writ petition before the writ Court against the refusal of respondent
Gram Panchayat to renew the lease granted in favour of respondent No.1 in respect of pond situated in Rampur, Gram Panchayat Junwani, District
Bastar for a period from 2011 to 2018. The learned Single Judge vide order dated 9.9.2019 turned down the prayer of respondent No.1 and while
doing so, the learned Single Judge observed in Para-3 of impugned order, as follows;-
“3. Admittedly, lease in favour of the petitioner has expired on 2018 and on mere application of the petitioner it cannot be granted to a single
person, if there are other prospective applicants then, naturally it must go to the person who contributes maximum amount to the exchequer.
Therefore, the prayer for grant to the petitioner alone cannot be acceded to. Therefore, in the instant case, the Collector shall consider the fact and
situation prevailing at the area and may grant the pond by auction to the highest bidder who contributes maximum to the exchequer.â€
Mr. Mazumdar, learned counsel for appellants submits that as per Guidelines dated 24.3.2003 issued by the State Government, the allotment of
ponds situated in gram panchayats is to be made through execution of lease deeds in favour of registered fishers co-operative society or group of
fishers on priority basis prescribed therein. Auction proceeding is initiated only on the basis of the order impugned and as the order impugned stands,
they may not be able to challenge the action of issuance of auction notification. He submits that the tender notification has not been published in
accordance with law and even it has not been made known to the general public. He also submits that auction notice has been affixed on the notice
board of Gram Panchayat on 3.2.2020 and today i.e. 18.2.2020, auction of the pond is to be held. Since the auction proceeding is contrary to the
guidelines issued by the State Government for allotting ponds by gram panchayats and also not in accordance with law, the same is liable to be
interdicted.
Mr. Tiwari, learned counsel for respondent No.1, appearing on advance copy, submits that contempt petition filed by respondent No.1 is fixed today
for hearing and in which a reply has been filed on behalf of the respondent contemnor stating that the order passed by the learned Single Judge in
WPC No.3101/19 has been complied with.
Mr. Patel, learned counsel for the respondent State submits that auction proceeding has already begun; two bidders have submitted their bids and it
is at the verge of finalization.
We have heard learned counsel for the parties and perused the record.
Admittedly, auction proceeding dated 3.2.2020 is not under challenge in this writ appeal and even in the impugned order no relief is granted to
petitioner/respondent No.1. Only a direction was given to the Collector to consider fact and situation prevailing at the area and may grant pond by
auction. Furthermore, the appellants were not party to the writ petition and they are simply residents of Gram Panchayat Junwani where the pond in
question is situated. In such a situation, without going into the merits of case, this Court is of the view that if appellants are aggrieved by issuance of
notification for auction of pond in question, they may approach appropriate authority by filing appropriate proceeding. If the appellants chose to file
such proceeding, part of the observation made by the learned Single Judge in Para-3 of the order dated 9.9.2019 i.e. “Therefore, in the instant case,
the Collector shall consider the fact and situation prevailing at the area and may grant the pond by auction to the highest bidder who contributes
maximum to the exchequerâ€, will not come in their way. The authority/court before whom such proceeding is filed, will decide the same on its own
merits strictly in accordance with law.
Considering the grounds raised by appellant in the memo of appeal, the respondent authorities are directed not to finalize auction proceeding for a
period of two weeks from today.
With the above observations and directions, writ appeal stands disposed off.