BARIARPUR FISHERMAN COOPERATIVE SOCIETY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Yogendra Mishra for the petitioner, learned JC to AAG I for respondent nos. 1 to 6, and Mr. Pashupati Sinha for respondent no. 7.

(2.) THIS writ petition is directed against the order dated 10.7.2001 (Annexure 11), and 5.4.2002/15.5.2002 (Annexure13), whereby it has been held that the three Jalkars, namely, Taufir, Tikarampur and Piperdah, are now in the Munger Anchal, in the district of Munger after trifurcation of the erstwhile Jamalpur Anchal into three Anchals, and for the consequential direction that the settlements of these three Jalkars made in favour of respondent no. 7 be cancelled and settled in favour of the petitioners.

(3.) LEARNED counsel for respondent no. 7 has opposed the writ petition and submits that the petitioner Society is a chronic defaulter and has, therefore, disqualified himself from any settlement at all including the three Jalkars in question. He next submits that the Jamalpur Anchal has been trifurcated into Bariarpur Anchal, Jamalpur Anchal and Munger Anchal and now fall in the Munger Anchal. The area of operation is always confined to the Anchal and in the event of any such reorganisation of an Anchal, the area of operation automatically gets adjusted. He relies on a Division Bench judgment of this Court, reported in 1995 (1) PLJR 366 (Bhawanipur Fishermen 'sCo -op. Society vs. State of Bihar). This position has been clarified by the Govt. circular No. 436/Fishery dated 13.3.2001.