MAHESHI ANCHAL FISHERMEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been preferred for quashing the portion of Annexure -1 and Annexure -2 by which Gorhodhar Jalkar of Maheshi Anchal has been included by the Government under notification as a selected Jalkar for the purpose of free fishing.

(2.) The admitted position remains that Government formed a Committee for consideration of different Jalkars of different areas to be enquired into as to whether those could be notified as free fishing Jalkars or not. By Annexure -5, the Committee has recommended different Jalkars but Gorhodhar Jalkar had never been included within the Maheshi Anchal for the purpose of free fishing, but then the District Fishery Officer Annexure -7 has recommended that Gorhodhar Jalkar should also be included as a free fishing Jalkar within Maheshi Anchal. That report of the District Fishery Officer was sent to the Government with the recommendation of the Deputy Director Fisheries and, accordingly, on the basis of the recommendation as made by the District Fishery Officer included Gorhodhar Jalkar as free fishing Jalkar but due to inadvertence in Annexure -2 the said Jalkar was included under Kahra Anchal and, ultimately, vide Annexure -1 therefrom was made in Annexure -2 by including Gorhodhar Jalkar within Maheshi Anchal.

(3.) Contention of the learned Counsel appearing for and behalf of the petitioners is that Annexures -1 & 2 are directly in violation of Annexure -5 as the Committee which was formed by the Government had never found the impugned Jalkar as free fishing Jalkar and, as such, no recommendation was made although in the Maheshi Anchal several other Jalkars were included as free fishing Jalkars. Further contention is that Gorhodhar Jalkar was also considered by the Committee for the purpose of free fishing but it was not found to be fit one and, as such, the same was not included in the report of the recommendation as made vide Annexure -5. Then, by on recommendation of the District Fishery Officer or the Deputy Director of the Fisheries the recommendation of the Committee cannot be given go by to include Gorhodhar Jalkar also as a free fishing zone, which is nothing but a promising estoppel from the side of the Government. In paras 18 & 19 of this writ petition, the petitioner has urged about illegal inclusion of Gorhodhar Jalkar as a free fishing Jalkar has not been traversed or denied in the counter -affidavit filed. Only it was mentioned regarding those paras that those were matters of records.