CHALITAR SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioners and counsel appearing for the State as well as private respondents in both the cases.

(2.) C.W.J.C. No. 15998 of 2004 and C.W.J.C. No. 489 of 2005 are being heard and disposed of together by a common order. Petitioner in one writ application is respondent in other and dispute is common as well as interrelated in both the writ applications.

(3.) C.W.J.C. No. 489 of 2005 has been filed by the petitioner, Singhwara Anchal Matsyajeevi Seva Swamlambi Shakari Samiti Ltd. (respondent No. 9 in C.W.J.C. No. 15998 of 2004) for quashing the (i) order, dated 30.08.2004, passed by the Commissioner, Darbhanga Division, in Shairat Appeal No. 5 of 2004-2005, whereby direction was issued to adjust the excess amount deposited by the petitioner as reserve jama, towards the remission amount or as amount deposited as instalment for next settlement. (ii) For quashing the order, dated 06.12.2004, contained in memo No. 5 issued by Commissioner, Darbhanga Division, directing the Collector, Darbhanga, and also the Circle Officer, Kewati, Singhwara, Darbhanga, to adjust the excess amount deposited by the society, respondents 7 and 8 for settlement in the years 1996 and 2001 (Annexure-7). (iii) The order issued by the Commissioner, Darbhanga Division, dated 22nd September, 2004, contained in memo No. 28 directing the Circle Officer to refund the excess amount to respondents 6 and 7, society through bank draft (Annexure-8). (iv) Order issued by the Commissioner, Darbhanga Division, dated 29.09.2004, contained in memo No. 54, whereby the Circle Officer, Singhwara, has been directed to submit compliance report of the direction within three days or to file a show cause (Annexure-9) and (v) Order issued by Circle Officer, Singhwara, dated 30.09.2004, contained in memo No. 501 adjusting the excess amount deposited by respondents 7 and 8 amounting to Rs. 4,46,794/- towards the remission and settlement amount and also refunding Rs. 27,268/- (Annexures-10 series).