GHANSHYAM MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the petitioners, State and the respondent no. 7, who has appeared and also filed a counter affidavit and with their consent this application is being disposed of at the stage of admission itself.

(2.) THE present application relates to dispute of a Fishery Jalkar appertaining to Khata no. 150, measuring about 14.62 acres commonly referred to Sugail Chatra Jalkar at Bhelwa in the district of Katihar. All fishery jalkars of the district of Katihar, which were hitherto with the Revenue Department of the Government, were transferred to the Fishery Department of the Government with effect from 4.9.2004 and the transfers were accordingly entered into Sairat Panji maintained by the department concerned.

(3.) THE grievance of the petitioners is that notwithstanding such settlements having been made in favour of the petitioners, the Additional Collector on 27.4.2005 settled the same jalkar with private respondent no. 7, which was bad for the reason that all jalkars stood transferred to the Fishery Department in the Year 2004 itself and thus leaving the Additional Collector with no jurisdiction to settle the same and secondly, the said jalkar having been settled by the District Fishery Officer in favour of the petitioners it could not be resettled by the Additional Collector with respondent no. 7, the jalkar being same and one only.