MAHESH PRASAD CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Keshava Srivastava, learned Senior counsel for the petitioner, and Mr. A. K. Choudhary, learned G.P. 8, for the respondents.

(2.) THE petitioner was given settlement of the Pokhar in the premises of the Government Basic School, Shree Rampur, Hayaghat Block, district Darbhanga, from 1.7.97 till 30.6.2000, which was further extended for a period of one year which ended on 30.6.2001. The petitioner submits before this Court that an account of various circumstances beyond his control, fishing could not be done fully during the aforesaid four years causing loss to the petitioner. It was for that reason that the petitioner fell in arrears with respect to the government dues. In his application before the authorities for grant of appropriate relief, he requested for permission to do one -time fishing during the current rainy season so that the petitioner may be able to clear the entire arrears of the Government. The petitioner further states in the writ petition that he has already given fish seeds in the pond in question and fishes have grown up and, therefore, if one -time fishing is allowed to him, the problems of the petitioner would be over and arrears of the State Government will also be wiped off.

(3.) THE matter was taken up earlier on 6.8.2001 and the respondents were called upon to consider the request of the petitioner on the administrative side and also to file a counter affidavit which has been filed. Mr. A.K. Choudhary, learned G.P. 8, has placed various paragraphs of this counter affidavit to state that the petitioner has been a chronic defaulter and, therefore, it is not possible for the respondent authorities to grant any remission, nor is it possible to permit him onetime fishing during the current rainy season, nor is it possible to grant him lease for a further period of one year i.e. from July 2001 to June 2002. Learned Government Pleader further invites my attention to paragraph -7 (b) of the counter affidavit which reads as follows :