KUNAL NISHAD S/O SRI GHANSHYAM PRASAD SINGH, RESIDENT OF VILLAGE ROSHAA, P.S. PRANPUR, DISTRICT KATIHAR Vs. THE STATE OF BIHAR THROUGH THE DIRECTOR, ANIMAL AND FISHERY DEPARTMENT, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) (CAV) - Heard learned counsel for the parties.

(2.) The challenge in the present appeal under Clause-X of the Letters Patent of Patna High Court is to the order of the learned Single Bench dated 24.09.2013 by which C.W.J.C. No. 5162 of 2013 filed by the appellants has been dismissed.

(3.) The appellants on the basis of being members of Pranpur Matsyajivi Shoyog Samiti Ltd. (hereinafter referred to as the 'Society') were given settlement of Kakedah Jalkar-cum-Makhana Mahal which was one of such Jalkars settled with the Society for the period 2012-13. Upon depositing half of the amount, they were issued settlement paper by the Secretary of the Society on 29.09.2012. Thereafter, the respondent no. 6 along with others, who had also filed application before the Secretary for settlement of the said Jalkar, in view of the same being made in favour of the appellants, moved before the Divisional Commissioner by filing appeal on 11.12.2012. After hearing the parties, the Commissioner by order dated 31.01.2013/06.02.2013, held such settlement to be contrary to law and directed the District Fishery Officer-cum-Chief Executive Officer, Katihar to ensure proportionate distribution of Jalkars between the members of the Society so that the interest of fishermen members could be protected. Pursuant to the same, the District Fishery Officer-cum-Chief Executive Officer, Katihar, by order dated 26.02.2012, restrained the appellants from making any investment or taking out anything from the said Jalkars. The appellants had moved in C.W.J.C. No. 5162 of 2013 against the said order and dismissal of the writ petition has led to filing of the present appeal.