LAWS(PAT)-2008-7-169

MOTIPUR PRAKHAND PRATHAMIK Vs. STATE OF BIHAR WITH

Decided On July 29, 2008
Motipur Prakhand Prathamik Appellant
V/S
State Of Bihar with Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the State.

(2.) PETITIONER Fishermen Co -operative Society is aggrieved by the settlement of the Jalkars made in favour of Respondent No. 4, another Self -Supporting Co -operative Society operating within Motipur Anchal. It is submitted on behalf of the petitioner that the settlement made in favour of Respondent No. 4 was assailed by filing appeal No. 10 of 2008, which was heard alongwith Appeal No. 5 of 2008 arising out of a matter in which petitioner Society was declared defaulter for nonpayment of dues and both the matters were considered and disposed of under orders dated 21.4.2008 giving certain directions to the District Fishery Officer. The District Fishery Officer ignoring the directions contained in order dated 21.4.2008 proceeded to pass office order bearing Memo No. 578 dated 26.4.2008, Annexure -14, which was assailed by the petitioner by filing a representation before the Director, Fishery, which is dated 2.5.2008 and the Director, Fishery under order bearing Memo No. 654 dated 10.5.2008 stayed the operation of the order dated 26.4.2008 against which Respondent No. 4 came to this Court by filing C.W.J.C. No. 8657. of 2008 which was disposed of by another Bench of this Court under orders dated 26.6.2008, Annexure -18 whereunder this Court observed that once the appeal under the provisions of Bihar Fish Jalkar Management Act, 2006 (hereinafter referred to as "the Act") was disposed of under orders dated 21.4.2008, the Director, Fishery had no jurisdiction to entertain any representation against the subsequent order passed by the District Fishery Officer and if the petitioner herein was aggrieved by the order dated 26.4.2008, Annexure -14 instead of filing representation dated 2.5.2008 ought to have filed appeal against the said order impleading Respondent No. 4 as a party respondent. Having held as above, this Court under orders dated 26.6.2008, quashed the subsequent order of the Director, Fishery passed on the representation of the petitioner dated 2.5.2008 bearing Memo No. 654 dated 10.5.2008 giving liberty to the petitioner to assail the order dated 26.4.2008 by filing appeal under the Act. Petitioner herein has come to this Court again assailing the subsequent order passed by the District Fishery Officer in the light of his earlier order dated 26.4.2008 which is contained in letter No. 745 dated 2.6.2008 and is contained in Annexure -17 to this application.

(3.) HAVING heard counsel for the petitioner and the counsel for the Respondent No. 4 as also having perused the earlier order of this Court dated 26.6.2008 passed in C.W.J.C. No. 8657 of 2008, I am of the view that petitioner should assail both the orders dated 26.4.2008 as also the order dated 2.6.2008, Annexures - 14 and 17 before the Director, Fishery by filing appeal and the Director,. Fishery should consider the matter in the light of the provisions contained in the Act and pass appropriate order as early as possible, in any case, within a period of two months as regards all the Jalkars, which were the subject matter of the Appeal No. 10 of 2008 after hearing the petitioner as also Private Respondent No. 4 and the parties are directed to appear before the Director, Fishery on 18.8.2008. Had there been any delay in filing the appeal before the Director, Fishery then the Director, Fishery may consider the desirability to condone the delay in filing the appeal.