MD.RAHMAT JUNG KHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONER has placed reliance upon several policy decisions of the State Government to oppose settlement of two big tanks/pokhars in Village -Juakhar under Harnath Samastipur Gram Panchayat, Sahkund Anchal, District -Bhagalpur which are called Koila Pokhar and Gosain Pokhar respectively. Petitioner claims that these two old Pokhars are actually attached with the Masjid and have been used for washing, irrigation and other domestic purposes since several decades during the Zamindari system as well as later. The grievance of the petitioner is against settlement of those two pokhars/tanks for fishing purposes by private persons. Learned counsel for the petitioner submits that the settlement being made since last few years have created problems for the villagers in the matter of irrigation as well as for drinking and other domestic purposes and hence an objection petition filed by many villagers dated 18.3.2005 contained in Annexure -5 was submitted to the Collector, Bhagalpur but the Collector has not taken any action.

(3.) CONSIDERING the nature of grievance raised by the petitioner, the writ petition is disposed of with a direction to the petitioners to file a fresh representation in the matter alongwith a copy of Annexure -5 and a copy of this order. Upon filing of such a representation the Collector, Bhagalpur will make enquiry into the allegations/assertions made by the petitioner. After such enquiry he will take a proper decision in the matter in accordance with law keeping in mind the relevant decisions of the State Government which have been annexed with this writ petition as Annexures -1, 2, 3 and 4. It is expected that decision shall be taken without any delay, preferably within three months from the date of filing of the representation. If representation of the petitioner is not accepted then reasons for the same, in brief, may be communicated to the petitioner and in that event petitioner would be at liberty to challenge such a decision before appropriate forum including the Civil Court of competent jurisdiction, in accordance with law.