ABDUL HALIM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The limited grievance of the petitioner is that one Liakat Ali, who had approached this Court in the writ jurisdiction previously by filing W.P. No. 91 (W) of 2019,

(2.) had failed in his contention by the order of disposal of the said writ petition by a co-ordinate Bench of this Court, which turned down such prayer. It appears from the submission of both sides that ultimately the matter went up to a Division Bench, culminating in an order directing hearing to be given to the petitioner and a decision to be taken on the settlement of the disputed property.

(3.) Subsequently, vide order no. 7 dated May 30, 2019, the District Land and Land Reforms Officer, Murshidabad had complied with such direction of this Court and had decided that long term settlement of the said property, which is a part-vested government fishery was not practically feasible in the circumstances and that a short term settlement of the fishery in favour of any Fishermen's Co-Operative Society or Fish Production Group was more feasible and practicable. It was further observed that the willing co-sharers might become members of that Fishermen's Co-Operative Society or Fish Production Group and thereby can enjoy their respective shares peacefully according to their membership of that society or group. It was further held that the petitioner therein, that is, Liakat Ali and others, as individuals, were not entitled to get settlement of the said part-vested government fishery and the Sagardighi Fishermen's Co-Operative Society Limited was entitled to get settlement of 119.47 acres in the three mouzas recorded therein. The Sagardighi Fishermen's Co-Operative Society Limited was further directed to accept the membership of other co-sharers, including the petitioners, before the said forum as its members, if they approached the management of the society for their membership, as per provisions of the Co-Operative Societies Registration Act.