GULO DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for issuance of an appropriate writ quashing a communication dated 21.11.1992 (Annexure-5), whereby, the District Fishery Officer-Cum-Chief. Executive Officer, Madhubani, was asked to cancel long term settlement with respect to fisheries and take steps for settlement for a short term. The further prayer is to quash an order dated 18.3.1993 (Annexure-6), whereby, respondent No.5 has cancelled the long term settlement of the petitioners with respect to the Jalkars in question, We have heard the parties, therefore, this writ application is being disposed of at the stage of admission itself.

(2.) RELEVANT facts for disposal of this writ application are as follows:

(3.) THERE is no denial that the Jalkar were settled with the petitioners for ten years, commencing from 1992 to 2002. It is also stated that after observing all the formalities lease was executed between the parties on 9.9.1992. The proposal for sanction of the amount and scheme was submitted by the District Fishery Officer on 25.11.1992. The impugned order to cancel the settlement of the petitioners was passed on 18.3.1993. THEREfore, if the scheme for development of the Jalkars or steps for grant of loan etc. were not taken in time we fail to appreciate how the petitioners are to be blamed.