BABU GAZI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE case of the petitioner is that he is the authorized representative of 'Neora Dighi Fish Production Group ' hereinafter referred to as ''the said group ''. which is an association of persons engaged in pisciculture. The said group is registered with the Directorate of Fisheries.

(2.) IN August 1995, Neora Dighi, which is a fishery located in North 24 Parganas was settled in favour of the said group by the Government of West Bengal at an annual lease rent of Rs.17,000/ -. Thereafter, since the authorities were not receiving the lease rent in respect of the said fishery at the prescribed rate and were demanding higher lease rental, the said group through the petitioner filed WP No. 28076 W. of 2009 in this Court. The said writ petition was disposed of by an order dated 11th February, 2011 whereby the said group was granted liberty to deposit the arrear rent. On the basis of such order arrear rent was deposited by the said group.

(3.) THE Learned Sub -Divisional Magistrate, Basirhat, initiated a proceeding under Section 145 8. of the Code of Criminal Procedure. In The said proceeding an Enquiry Report was filed by the BL&LRO, Basirhat, on 29th November, 2011, recording, inter alia, that the said fishery is in the possession of the said group which is rearing fish thereat. However, notwithstanding such report the Ld. Magistrate directed the BL&LRO, Basirhat to take steps for taking custody of the said fishery and sale of the fish reared in the said fishery.