SUDHIR CHANDRA Vs. STATE

JUDGEMENT

(1.) Settlement of fishery sairat sources of State Government in the Revenue Department is the subject matter of these two writ applications.

(2.) Fishery sairat sources in question belonged to Kujanga estate which vested in the State of Orissa under the Orissa Estates Abolition Act, 1951 in the year 1952. Thereafter, those were being administered by the Kujanga tahasil till the bifurcation in the year 1959 i.e., (i) Kujanga Tahasil, and (ii) Marsaghai Tahasil. The dispute arose when the Tahasildar of Marsaghai Tahasil issued notice for settlement of the fishery sairats within his jurisdiction on 28-11-1986 inviting offers for the same. An application was filed before the additional District Magistrate by the Kalinga Karnadhar Primary Fishermen's Co-operative Society for settlement of those fishery sairats with them. The notice was issued after the resolution was made by a committee on the basis of representation to the State Government. In the resolution 56 fishery sources were mentioned to be part of Saharapenth Macchdia and those were to be settled in accordance with the principle laid down in the Government instruction dated 27-6-1974. After considering the matter, the Additional District Magistrate held that the Kalinga Karnadhar Primary Fishermen's Co-operative Society had no justification to lay any claim on the fishery sources beyond the 56 sources listed by the committee in its resolution dated 10-5-1985 and the Tahasildar, Marsaghai would be at liberty to settle all the fishery sources other than those 56 sources in accordance with the principle laid down in the instruction of the State Government dated 27-6-1974. He further held that the Block Development Officer, Marsaghai will be at liberty to settle all the fishery sources already transferred to the Grama Panchayat concerned.

(3.) This order of the Additional District Magistrate was challenged before the Revenue Divisional Commissioner by Kalinga Karnadhar Primary Fishermen's Co-operative Society. The Commissioner has accepted the grievance of the Co-operative Society in part and turned down the same in respect of the other part.