YOGENDRA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has filed this application challenging the order dated 14.10.2005 passed by the Collector, Madhubani as contained in Annexure-8 by which he has set aside the order of the Sub-Divisional Officer, Phulparas dated 6.10.2004 as contained in Annexure-7. The Sub-Divisional Officer, Phulparas had given permission to the Petitioner to fish in the pond situated in Khata No. 649, Plot No. 957, measuring 69 decimals. Besides the aforesaid prayer, the Petitioner has filed this writ application for an order restraining the Respondents from disturbing the physical possession of the Petitioner over the pond in question and also restraining them from creating any obstruction to his right to fish in the said pond.

(2.) The facts of the case are that the Petitioner was settled the lands appertaining to Khata No. 649, Plot No. 957, measuring 18 Kathas 16 dhurs by the ex-landlord in the year 1945. The document of settlement is contained in Annexure-1, whereas Annexure-2 is the rent receipt granted in favour of the Petitioner by the ex-landlord. Subsequent to which, the returns filed by the ex-landlord in the name of the Petitioner jamabandi No. 3 was created in favour of the Petitioner. After the vesting of the zamindari, the Petitioner got his name mutated in the revenue records and has been paying the rent to the State of Bihar vide Annexure-3 series.

(3.) The trouble began sometime in the year 1983-84 when the Respondent-State attempted to settle the pond in favour of a third party. The Petitioner filed an application for exempting all his lands from the Sairat Register and the Circle Officer, Khutauna by letter No. 107, dated 15.3.1985, recommended that the lands in question should be deleted from the Sairat Register. The entire file was forwarded to the Land Reforms Deputy Collector, Jhanjharpur. Again in the year 2004, an attempt was made for settlement of the fisheries right in favour of a third party which resulted in the filing of the present writ application.