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Judgment
K.R. Mohapatra, J
W.P.(C) No.15405 of 2022 & IA No.8250 of 2022
This matter is taken up through Hybrid mode.
Petitioner, which is a Women Self Help Group under Bhograi block in the district of Balasore, seeks for a direction to allow it to net the fish from Makarpur Rai Pokhari under Maheshpur Gram Panchayat, which was leased out in its favour.
It is submitted by Mr.Dwibedi, learned counsel that pursuant to order No.149 dated 3rd July, 2020 (Annexure-1), Opposite Party No.3-Sub-Collector, Balasore approved lease of the pond in question in favour of the Petitioner from 1st July, 2020 to 30th June, 2022. Although the lease period is still in force, without considering the same, Opposite Party No.4-Block Development Officer, Bhograi, vide notice dated 21st May, 2022 (Annexure-7), published a notice for auction of the said pond and the date of auction is fixed today, i.e., 24th June, 2022. Petitioner apprehends that even if the lease period is till 30th June, 2022, it might not be able to operate the lease and net the fish till that date. It is submitted that the Petitioner being a Women Self Help Group has invested a huge sum for pisciulture. Unless the Petitioner is allowed to net fish it will be highly prejudiced.
Mr. Mishra, learned ASC submits that he has no instruction in the matter. However, it appears that the lease period is valid till 30th June, 2022. He, therefore, prays for an adjournment to take instruction in the matter.
Put up this matter on 30th June, 2022.
As an interim measure, it is directed that the auction pursuant to notice under Annexure-7 in respect of Makarpur Rai Pokhari of Maheshpur Gram Panchayat under Bhograi block in the district of Balasore may continue, but the result thereof shall not be published till the next date.
A free copy of this order shall be made available to Mr. Mishra, learned ASC for communication and compliance.
Issue urgent certified copy of the order on proper application.
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