COOPERATIVE FISHERIES FEDERATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner No.1 claims to be a Federation of the Co- operative Societies of Fishermen, duly registered under the Bihar Co-operative Societies Act, 1935.

(2.) Bye-laws of the Federation has been brought on record by way of Annexure-12 to the reply to the counter affidavit filed on behalf of respondent Railway. On perusal of Clause 5(ka) of the said bye-laws, it is evident that duly registered co-operative societies of fishermen and ferries, located within the area of operation of the Federation, can become members of the Federation. Sub-clause (ga) of Clause 5 prescribes that for Fishermen Co-operative Society, qualifying under sub-Clause (ka), can acquire membership on payment of affiliation fee of Rs.25.00 and has purchased at least one share of Rs.100.00. On fulfilling these conditions, a Fishermen Co-operative Society can be inducted as a member of the Federation, after due approval of affiliation with the Federation. An application is required to be made by a Co-operative Society for becoming member of the petitioner-Federation in a prescribed proforma as per Clause 6(ga). The Board of Directors of the Federation may accept or reject the application made by a Fishermen Co-operative Society for becoming a member of the Federation, the Bye-Laws stipulates.

(3.) The Federation has filed this writ application seeking quashing of the entire proceeding of settlement of Jalkar Tarsarai excluding (KM-13/7) to Jaynagar including Sakari excluding (20/04) to Nirmali Lohat Siding including both tracks and subsequent settlement of the Jalkar with private respondent No. 17 on 23.11.2017. The petitioners have also sought for certain directions as can be seen from paragraph 1 of the writ application. The actual relief, which the petitioners are seeking in the nature of directions, lacks clarity. The petitioners, however, appear to be seeking a direction to settle the aforesaid Jalkar in their favour. They want interference at the level of Registrar, Co-operative Societies, State of Bihar, and other State Officials and the Central Registrar, Joint Secretary (Credit Co-operative), Department of Agriculture and Co-operative, Ministry of Agriculture, to look into the irregularities, which, according to the petitioners, has been committed by the respondent Railway in settling the Jalkars in favour of respondent No.17.