ANIKET KUMAR SAHNI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pashupati Prasad Sinha, counsel for the petitioners, Mr. Jitendra Kumar Rai, J.C. to G.P. VI Mr. Yogendra Mishra, counsel for respondent No. 5.

(2.) This writ application is directed against the order dated 14.2.2004 (Annexure-1) passed by the Anchal Adhikari, Manigachhi, by which he has cancelled the settlement of 51 Jalkars made in favour of petitioners' society without assigning any reason and without issuing any show cause notice. Subsequently the settlement of said Jalkars have been made in favour of respondent No. 5.

(3.) Petitioners is a Fisherman co-operative society know as Manigachhi Anchal Matsyajivi Seva Swablambi Sahkjari Samiti Ltd. registered under the provisions of Bihar Self Supporting Co-operative Societies Act, 1996. It's area of operation is to the extent of entire Manigachhi Anchal. Manigachhi Bikas Prakahand Matsyajivi Sahyog Samiti Ltd. Manigachhi Ltd. (respondent No. 5) is another society registered under Co-operative Societies Act, 1935 and its area of operation is also throughout Manigachhi Anchal. 51 Jalkars situated within the area of operation of petitioners as well as respondent No. 5 was going to be settled. Out of 51 Jalkars 31 Jalkars were to be settled for 1.10.2003 to 30.9.2004. 12 Jalkars were to be settled for 2003-2005 (1.10.2003 to 30.9.2006) and 8 Jalkars were to be settled for 2003 to 2005 (1.10.2003 to 30.9.2005). Respondent No. 5 being the Block Level Co-operative Society registered under 1935 Act claimed priority in the matter of settlement of Government sairat as per the Government circular (Annexure-B) to the counter affidavit filed by respondent No. 5, since the respondent No. 5 was defaulter of Rs. 373,397/- of Revenue Department and Rs. 2,64,981/- of Fisheries Department, he was not eligible for settlement of Jalkars in his favour. Several notices were issued by the Fisheries and Revenue Department to respondent No. 5 to deposit the amount due since 1987-88 and 1988-1989 even then no payment was made by the respondent society. In this circumstances 51 Jalkars were settled in favour of the petitioners society by Anchal Adhikari, Manigachhi on 23.10.2003. In pursuance of settlement petitioners deposited a sum of Rs. 45,525/- on 23.10.2003 through different receipts (Annexure-5 series). Subsequent to the settlement in favour of the petitioners respondent No. 4 represented before the Collector, Darbhanga on 3.11.2003 for settlement of 51 Jalkars in his favour. Respondent No. 5 being the registered society, under the Act of 1935 claimed preference in case of the settlement of Government sairat. The Collector, Darbhanga vide letter No./.288 dated 7.2.2004 directed Anchal Adhikari to review the settlement and if respondent No. 5 pays the defaulted amount the settlement should be made in his favour. In compliance of the same Anchal Adhikari, Manigachhi reviewed the settlement and asked respondent No. 5 vide letter No. 251 dated 11.1.2004 to deposit the entire outstanding dues at a time. The respondent No. 5 deposited part of the amount of Rs. 3,00068/- on 13.2.2004 and on that basis the settlement made in favour of the petitioners society dated 23.10.2003 was cancelled.