RAM CHANDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner has obtained a rule as to why the order issued under letter dt. 15-4-1983 (Annexure-4) by the Joint Secretary, Department of Revenue and Land Reforms of the State Government be not quashed. By this letter, respondent No. 2 has disapproved the recommendations for settlement of two Jalkars, namely, (i) Ganga Jalkar T. No. 406, 20236 Ganga and (ii) Gandak T. No. 306, 160 1/2 (for the sake of convenience they would be referred to hereinafter as 'Ganga Jalkar') and simultaneously ordered for settlement of the Jalkar in favour of respondent No. 6. the Fishermen's Co-operative Society, Bakhtiarpur. From the above statements it becomes obvious that the dispute in this case relates to the settlement of fishery rights and the competition is between the petitioner and respondent No. 6.

(2.) The relevant facts, briefly stated, are as follows. The Additional Collector, Patna (respondent No. 5) issued a general notice dt. 29-1-1983 for holding bid of the said Jalkar (along with some other Jalkars) on 14-2-1983. As nobody turned up to attend the bid on that day, the auction was adjourned to 21-2-1983. On that day also no bidder turned up, but three Fishermen's Co-operative Societies, including respondent No. 6, filed petitions showing their willingness to take the settlement on the reserve Jama of Rs. 1,09,481.00. Undisputedly, the Jalkar in question falls within the area of operation of Patna Sadar Fishermen's Co-operative Society, which was blacklisted. Therefore, according to the circular of the Co-operative Department it could not be settled with the said society. In respect of settlement of any Jalkar with a co-operative society other than the local co-operative society there is a circular issued by the Co-operative Department for guidance of the revenue authorities (a copy of which has been filed as Annexure-I to the supplementary affidavit filed by respondent No. 6 on 5-7-1983). The relevant provision for our purpose appertaining to this document reads as follows:--

(3.) In the show cause filed by respondent No". 6 the issuance of notice for holding the auction for settlement of the Jalkar on 14-2-1983 is not disputed. But, it has been stated that the State Government had stayed the holding of auction by order dt. 24-2-1983 which was to take place on 25-2-1983, for 10 days. It is not in controversy that this stay order was not received by the Additional Collector until the bid was completed. This fact is borne out from the letter written by the Commissioner, Patna Division. It is well settled that stay order becomes operative after its service. The auction, therefore, cannot be held to be illegal in the eye of law due to the stay order nor any argument has been made before us by any of the learned counsel that passing of the stay order had rendered the holding of the bid itself illegal. Apart from this fact, the stay order was passed on the application of different society and not respondent No. 6.