LALLAN KUMAR SAHN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed seeking the following reliefs:-

(2.) The brief facts of the case are that the petitioner no. 2 is a Society registered under the provisions of the Bihar Co-operative Societies Act, 1935. The petitioner no. 1 was elected as the Secretary -cum- Treasurer of the Managing Committee of the Society, pursuant to the election of the Regular Managing Committee of the Society being conducted by the Bihar State Election Authority in the year, 2017, whereafter he has been discharging his duties diligently. It is statedthat there are 25 fish jalkars within the area of operation of the Society and all the jalkars were settled with the Society with effect from 1/7/2012 to 30/6/2019 and then, for the period 1/7/2019 to 30/6/2022, vide letter no. 395 dtd. 14/8/2019, issued by the District Fisheries Officer. The Society had then deposited the first instalment of the revenue required to be deposited in the office of the District Fisheries Officer, whereafter the petitioners' Society had issued patta to all the members of the Society as per the decision taken by the Managing Committee in the meeting held on 18/10/2019. Thereafter, the District Fisheries Officer, Begusarai, had issued parwana, pertaining to 24 jalkars vide letter dtd. 12/12/2019.

(3.) The learned counsel for the petitioners has submitted that though the settlement has been made in favour of the Society, pertaining to 25 fish jalkars, but parwana has only been issued with regard to 24 fish jalkars, hence, direction be issued to the District Fisheries Officer, Begusarai to issue parawan with regard to Kaithkola jalkar as well andto charge the revenue with effect from the date of issuance of fishing parwana for the said jalkars. It is further prayed that the Respondent No. 6 be also directed to adjust the revenue already paid for Kaithkola jalkar by the Society in future demands. The learned counsel for the petitioners has relied on judgments dtd. 7/10/2009, 3/9/2010, 7/7/2010, 5/10/2009, 18/8/2010, 12/1/2010 and 1/7/2016 passed by the learned Single Judge / learned Division Bench of this Court in CWJC No. 11864 of 2009, 8665 of 2010, 9849 of 2010, 12896 of 2009, L.P.A. No. 1166 of 2010, CWJC No. 16615 of 2009 and L.P.A. No. 1942 of 2010 respectively.