MAHENDRA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present letters patent appeal has been preferred against the judgment and order dated 2.1.2001, passed by a learned single Judge, arising out of CWJC No. 12527 of 2000. While admitting the appeal, this Court passed the following order on 2.5.2001:

(2.) Dispute in the present case is between two Fishermen's Co-operative Societies, namely, Mushkipur Fishermen's Co-operative Society Ltd., Gogri Anchal, District Khagaria, and Piparpanti Fishermen's Co-operative Society Ltd., Gogri Anchal, District Khagaria. Both the societies are registered and operating in Gogri Block in the district of Khagaria. There appears to be a long dispute between the two co-operative societies with regard to their areas of operation. Matters have been brought before this Court on several occasions. Adjudication(s) seems to have been made with reference to the circular/notification/instructions governing the field. It is an admitted position at Bar that now the field is covered by an Act of Legislature, called "The Bihar Fish Jalkar Management Act 2006" (Bihar Act 13 of 2006), (hereinafter referred to as 'the Act'). It is further agreed between the writ petitioners-appellants, as well as the respondent representing Piparpanti Fishermen's Co-operative Society Ltd., that there is a specific provision under the Act which would now govern the field and the matter can be resolved referring to the provisions contained in Sub-clause (viii) of Section 7 of the Act, which reads as follows:

(3.) In that view of the matter, we dispose of the appeal as well as the writ petition in the light of aforesaid agreement between the parties. It is clarified at the cost of repetition that on and from 1st July 2011, the settlement of Jalkar(s) in question located within the Gogri Anchal of the district of Khagaria shall be settled in accordance with the aforesaid provision of the Act.