BIPIN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pankaj Kumar for the Petitioner, and Mr. Subhash Prasad Singh, learned Government Advocate No. 8. This writ petition is directed against the order dated 16.10.2007 (Annexure-1), issued under the signature of Respondent No. 2, whereby the settlement of Jalkar for fishery rights on portion of the Gilani Jalkar in Asthawa Prakhand, District-Nalanda, in favour of Asthawan Prathmik Matasyajibi Swablambi Sahkari Samiti Ltd., Gilani, Nalanda (hereinafter referred to as the 'Society'), has been recalled.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. The Society is engaged in fishing activities. By order dated 10.2.2007 (Annexure-2), the Respondent authorities had made settlement of ten Jalkars, being part of the bigger Gilani area, for a period of five years, namely, 2006-07 to 30.6.2011. The Society was suddenly visited with the impugned order, whereby the settlement was cut short and it was communicated to them that the Jalkar in question shall not be available to them for fishing purposes with effect from 1.11.2007. They were, therefore, directed to exercise their fishing rights and take away their fishes up to 31.10.2007, leading to the present writ petition.

(3.) The writ petition was for the first time laid before a learned Single Judge of this Court on 18.12.2007 and operation of the impugned order was stayed pending further consideration of the matter. By order dated 3.3.2009, Respondent No. 4 was directed to consider the entire matter in the light of the observations made therein. He has since disposed of the matter by a reasoned order on 31.12.2009, whereby he has rejected the claims of the Society.