CHETLAL SAO Vs. STATE

JUDGEMENT

(1.) In this set of two connected writ petitions referred to the Full Bench three significant issues emerge for adjudication. These may conveniently be formulated at the very outset :-

(2.) The primal challenge of the petitioners herein is to the settlement of the sairats in favour of the Fishermen's Co-operative Societies at a reserve jama in pursuance of a policy decision to this effect. The relevant facts are closely similar - if not identical - and may, therefore, be conveniently noticed from C.W.J.C. 42 of 1985 (R) (Jageshwar Prasad v. State of Bihar). It is averred that there are ten sairats in Bisungarh Anchal which were to be settled and purported potentiality auctions were held by the authorities for fixing the reserve jama in view of a Government letter that big sairats were being settled for low amounts by the District Administration. On the 3rd Mar. 1984 an open bid took place in which respondent 6, Shri Ranjit Prasad, the Secretary of the Bisungarh Matsya Jivi Sahyog Samitee Limited (Bisungarh Fishermen's Co-operative Society Limited) was also present, in which petitioner 1 was the highest bidder for the Badki Bandh Barain for a sum of Rs. 26,500/-for the period of one year, and petitioner 2 was the highest bidder for Ramuwa Ahar Ramua for Rs. 19,500/- for one year which bids are said to have been accepted. It is stated that previously the reserve jama for these tanks were Rs. 1,325/- and Rs. 2,305/- only. Respondent 3, Deputy Commissioner of Hazaribagh, is said to have issued a letter to respondent 6 enquiring from him if he was interested in taking the settlement at the level of the auction held above and on his refusal to take the said notice a copy of annexure-4 under registered cover was sent to respondents 5 and 6. When the latter did not respond, respondent No. 4, the Anchal Adhikari called upon the petitioners to deposit one-half of the bid amount for three years within the time prescribed and in compliance therewith they deposited the same with the Nazir.

(3.) Meanwhile respondent 5, Bisungarh Matsya Jivi Sahayog Samitee Limited (hereinafter referred to as the 'Co-operative Society') preferred C.W.J.C. No. 556 of 1984 (R) seeking a writ of mandamus to make the settlement of the sairats in favour of the cooperative society at the reserve jama already fixed in accordance with the policy decision taken by the State Government to this effect. Interim order therein was first passed on the 6th April, 1984. The present petitioner Jageshwar Prasad filed an application for being added as a party in the writ application on the ground of being the highest bidder at the auction held oil the 3rd March,1984. Ultimately on the 27th April, 1984, whilst disposing of the said petition by a detailed order (annexure-H to the counter-affidavit) the High Court in no uncertain manner pointed out that the Government was bound to implement its decision to give preference to co-operative societies for the settlement of sairats at the reserve jama and directed the Deputy Commissioner to take a final decision in respect of the settlement of the respective sairats in the light of the decision of the State Government within one month from the date of the receipt of the copy of this order so that the revenue may not suffer. Nevertheless, on the basis of the recommendation made by the Anchal Adhikari and the Deputy Commissioner, the Commissioner, North Chotanagpur Division, is said to have approved the settlement of the Badki Bandh Barain and Ramuwa Aahar, Ramua, in favour of the petitioners who were the highest bidders, by order dt. 26th July, 1984 (annexures-8 and 8A).