LAWS(PAT)-2001-9-99

BASANT MUKHIYA Vs. STATE OF BIHAR

Decided On September 18, 2001
Basant Mukhiya Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned G.P. 8, and learned counsel 'for the intervenor respondents. This writ petition is directed against the general notice bearing Memo No. 469 -2/ dated 14.7.2001 (Annexure -6), issued under the signature of the Anchai Adhikari, Supaul, whereby it has been notified that the three Sairats for Makhana Cultivation, namely, Bartya pokhar, Karihar pokhar, and Khasmahal in Ward No. 7 will be settled fa makhana cultivation auction, cutting short the fishery rights of the petitioner for the period 1.4.1999 to 31.3.2002.

(2.) THIS writ petition relates to three jaikars, namely, Bariya Pokhar, Kariho Pokhar and Khasmahal Ward No. 7. The nature, objects and purpose of settlement is an important aspect of the present controversy which shall be discussed later on. The petitioner had obtained settlement of the three jaikars for fishing purpose for the period 1.4.1999 to 31.3.2002. He peacefully worked for the three jaikars up to March, 2001. In so far as the current period is from 1.4.2001 to 31.3.2002 is concerned the authorities of the Fisheries Department executed the three different agreements dated 2.7.2001 (Annexure -8 series), followed by the Parwana dated 7.7.2000 (Annexure -2 series).

(3.) WHILE assailing the validity of the impugned order, learned counsel for the petitioner submits that after the parties have entered into the agreement (Annexure -8 series), followed by the Parwana (Annexure -2 series), the authorities have acted arbitrarily and illegally in cutting short the period of settlement. He next submits that the three Jalkars belonged to the Fisheries Department, but the auction has been held by the Anchal Adhikari, Supaul, and at the behest of Revenue Department which is impermissible. This transfer of responsibility could have been ordered for by the State Government. He has lastly submitted that the petitioner 'sstatement dated 11.7.2000 (Annexure -E to the counter affidavit) made before the Enquiry Officer was obtained under duress.