RAMDEO PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THESE two appeals; one at the instance of Shri Ramdeo Paswan and the other at the instance of the State of Jharkhand, have been filed against the order dated 10th December, 2002 passed by the learned Single Judge in W.P.(C) No. 5443 of 2001.

(2.) BRIEFLY stated, the facts relate to the settlement of fisheries within a particular zone and a particular Panchayat. The Circular of the Government in such settlement has, in fact, been set out in the impugned judgment. In the impugned judgment, the learned Single Judge had observed that the scheme did not speak of any auction by open bid inviting a short term tender and accordingly the impugned notification appears to be against the spirit of the said Circular of the State Government and was accordingly quashed. The respondents were directed to act according to the scheme as contained in Annexure -A and if the petitioner or any applicant who belongs to Schedule Tribe of the Machua caste are not available in the Panchayat, desirous to take settlement, then the scheme as stated in Clause -11 of Annexure -A would become operative and the settlement will be made in favour of a person, who belongs to nearby Panchayat comprising of people of such community.

(3.) THE State Government has filed the appeal against the quashing of Annexure -3 to the writ petition on account of the fact that this scheme did not speak of any auction by open bid for short term settlement.