MAHESHCHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in the present writ application has prayed for quashing of the order and direction of respondent Nos 1 to 3, contained in letter dated 5-11-1993 at annexure 6 as also the follow up action at the level of respondent No 4, besides for a direction commanding the respondents to forbear from interfering with the petitioner's possession over the Jalkar in question and to execute the deed of lease in his favour in respect of the settlement of the said Jalkar.

(2.) The relevant facts in short are that there is one Kasaraia Jalkar (hereinafter referred to as 'Jalkar') in Chautham Prakhand in the district of Khagaria and the same falls within the area of operation of Chautham Thana Fishermen's Co-operative Society (respondent No 5) It is undisputed that in the matter of settlement of Jalkars the local Fishermen's Co-operative Societies are given preference and it is only in case of refusal by the Society to take settlement on the reserve jama that the settlement has to be made by open auction after publishing notice in wide circulation. Jn other words, according to the circular of the State Govt only if the Society expresses its unwillingness for taking settlement on tne reserve jama, then the settlement of Jalkar shall be made by open bid after wide publication of notice in detail. The Government instructions in this regard are contained in annexures '1' and '1/1' to the writ application. Further, according to the said circulars, in case the society is in default and if no petition is made in accordance with law after depositing the requisite fee for remission. then the society would be disentitled to claim settlement in their favour. However, if such petition is filed and the matter is pending before the remission-committee, the society is to be given opportunity to take settlement of the jalkar. It further provides that such jalkars, in which the annual reserve jama are above Rs. 10,000/- the bid notice shall be given after publication of the same in the important news papers of the State and with the publication of the said notice, the Mukhia of the Panchayat/Fishermen's Co-operative Society/State level Fishermen's Co-operative Association shall be informed about the same by registered post fifteen days in advance.

(3.) The settlement of the jalkar for the year 1993-94 fell due with effect from 1-7-93 and that the reserve jama of the said jalkar was fixed at Rs. 75,000/-. It is asserted that respondent No. 5 was in default of the Government revenue to the tune of Rs 70,468/- and did not qualify for settlement as per the Government instructions contained in annexure 1 and 1/1. Yet the District Fisheries Officer, Khagaria (respondent No. 4) gave offer for settlement with them which was not accepted by the Society (respondent No. 5). It is further asserted that the Secretary of the society put conditions for settlement that the jalkar should be cleaned by the departmental agency and that the reserve jama be reduced. However, when respondent No 4 found that the society was avoiding to take the settlement on one ground or the other, he having left with no option, fixed 22-7-93 for bid by circulating notice in that regard, The bid was held on the said date and the highest offer that came was Rs. 15,000/- only which was not accepted being lower than the reserve jama. Thereafter, when respondent No. 4 failed to fetch offer at least to tne tune of reserve jama by holding bids twice, he lastly fixed 5th September, 1993 for holding of bid. However, on the claim being made the Secretary of the society he allowed him time to deposit the required amount and suspended the bid for two hours. The Respondent No. 4 however, on failure of the Society to deposit the required amount held the bid in presence of the Dy Director, Fisheries, Kosi Range, Saharsa in which the petitioner offered Rs. 76,000/- i. e. half of the said amount was deposited and for the same a receipt was granted to him on 25-9-93, a copy whereof has been annexed as annexure 3 to the writ application. Thereafter, respondent No. 4 referred the matter to the competent authority for their approval and in the meantime, issued provisional Parwana with respect to the said jalkar in favour of the petitioner. The petitioner claims that on the basis of the said Parwana be came in possession and invested about Rs 45,000/- for cleaning the jalkar and also claims to have spent a huge amount in purchasing Jira and spreading the same in the jalkar. In the meantime, respondent No. 5 filed an application before the Collector, Khagaria who called for a report from respondent No. 4, which was submitted by him on 14-10-93. A copy of the said report has been annexed as annexure 5 to the writ application. In the said report all the aforementioned facts have been stated besides stating that no irregularity either in holding the bid or finalising the settlement with the petitioner was committed. It is stated on behalf of the petitioner that the matter before the Collector, Khagaria is still pending, but in the meantime, the society through its Secretary approached the respondent No 2 Director, Fisheries, Bihar, Patna (respondent No. 2), who referred the matter to the Minister, who finally issued direction to cancel the settlement of the jalkar with the petitioner and to settle the same with the society (respondent No. 5) which decision was communicated by the Special Works Officer-cum-Dy. Secretary (respondent No. 3) vide impugned order (annexure 0).