SATRUDHAN SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have questioned the validity of the settlement of a tank known as "Lal Pokhar Sahasupan" within the Darbhanga Municipal Corporation in favour of respondents Nos. 8 to 11 (hereinafter referred to as 'the respondents'). The petitioners and the respondents are fishermen and members of Bakerganj Fisherman Co-operative Society, Limited, Darbhanga (hereinafter referred to as 'the Society').

(2.) An advertisement was published in the newspapers by the Chief Executive Officer, Fish Farmers Development Agency, Darbhanga (hereinafter referred to as 'the Agency') inviting applications from persons engaged in fishing for settlement of the tank aforesaid for a period of ten years with effect from 1-4-1985, in accordance with the terms and conditions laid down in Revenue Department letter No. 272 dated 11-2-1985. Pursuant to that advertisement, applications on behalf of the petitioners as well as the respondents were filed. The Chief Executive Officer of the Agency recommended settlement in favour of the respondents. The recommendation of Chief Executive Officer was placed before the selection committee which approved the suggestion aforesaid. The petitioners filed an objection before the Collector of the district, objecting to settlement in favour of the respondents. The Collector, Darbhanga directed the Additional Collector to re-examine the matter and to submit a report. The Additional Collector submitted his report to the Collector. In his report, it was pointed out that three out of the four respondents had completed the training given by the Agency and as such they had a better claim for taking settlement. The Collector directed that the settlement be made in favour of the respondents. The petitioners filed an appeal before the Minister, Fishery Department, which was dismissed. Thereafter the present writ application was filed before this Court.

(3.) A Bench of this Court, in view of the judgment of the Supreme Court in the case of The Bihar Eastern Gangetic Fishermen Cooperative Society Ltd. v. Sipahi Singh, AIR 1977 SC 2149 and the Full Bench judgment of this Court in the case of Chetlal Sao v. The State of Bihar, 1986 PLJR 149, dismissed this writ application, on 7-4-1986, saying:-