SUBANSH SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this writ petition, the petitioners have challenged the order passed by the Divisional Commissioner, Tirhut Division, Muzaffarpur, as contained in Annexure 1 in Sairat Settlement Appeal No 173 of 2013 being order dated 28.10.2013. This was passed at the instance of respondent No 7 Rajju Sahni who had filed the appeal on behalf of the Fisheries Cooperative Society, namely, Katra Prakhand Matasyajivi Sahyog Samiti Limited (hereinafter referred to as the Samiti) against the order of the District Fisheries Officer, as contained in Memo No 418 dated 05.09.2012 (Annexure 10) by which he had made settlement of 169 Jalkars in favour of the Samiti on short term settlement for seven years beginning from 01st July, 2012 to 30th June, 2019 for an amount of Rs 8,86,445/ - as yearly settlement amount. Pursuant to notice issued, respondent No 7 appeared. There have been spate of counter affidavits and rejoinders. In the last supplementary counter affidavit filed by respondent No 7, the order dated 28.03.2014 passed by the Registrar, Cooperative Societies, Bihar, Patna in Miscellaneous Case No 243 of 2012 filed by respondent No 7 as against petitioner No 1 is annexed as Annexure Z which has been passed in purported exercise of power under Section 48 of the Bihar Cooperative Societies Act, 1935.

(2.) IT may be noted here that in course of these writ proceedings, petitioners were asked to add Registrar, Cooperative Societies as a party respondent and upon notice being issued, the Registrar, Cooperative Societies, Bihar has filed a counter affidavit as well. The records of the case have become extremely bulky.

(3.) HOWEVER , with consent of parties being Shri Ram Suresh Ray, learned Senior Counsel for the petitioners and Shri Shashi Anugrah Narain, learned Senior Counsel for respondent No 7, the writ petition had been heard at length for its final disposal at this stage itself.