Patna High Court
Pankaj KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition was dismissed as it had become infructuous.
Summary
Pankaj Kumar filed a writ petition in the Patna High Court seeking a certiorari to quash a letter dated 13‑04‑2018 issued by the District Fisheries Officer that cancelled the settlement of 118 Jalkars in favour of Panchrukhi Prakhand Fisheries Co‑operative Society Ltd., alleging the cancellation was illegal under the Bihar Fish Jalkar Management Act, 2006. The petitioner also sought a mandamus directing the respondents to restore the original settlement and to conduct the bid process lawfully. The petitioner’s counsel later informed the court that the petition had become infructuous and requested its withdrawal. The court accepted that the petition was no longer maintainable. Consequently, the writ petition was dismissed as infructuous. No substantive merits on the legality of the cancellation were adjudicated.
Issues considered
- Whether the cancellation of the settlement of 118 Jalkars by the District Fisheries Officer was ultra vires of the Bihar Fish Jalkar Management Act, 2006.
- Whether the writ petition had become infructuous and could be dismissed on that ground.
Subjects
- writ of certiorari
- mandamus
- Jalkar settlement
- fisheries law
- Bihar Fish Jalkar Management Act
- infructuous petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10154 of 2018
======================================================
Pankaj Kumar Son of Kashi Nath Prasad, Resident of Village Ukhai Poorb,
P.S.- Panchrukhi, District- Siwan.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Fisheries Department, Government of Bihar, Patna.
3. The Collector cum District Magistrate, Siwan.
4. The District Fisheries Officer cum Chief Executive Officer D.F.O., Siwan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Sahni, Advocate
For the State : Mr. Dhurjati Kumar Prasad, GP-14
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 13-01-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of appropriate Writ in
the nature of Certiorari for quashing the letter
dated 13/4/2018 issued under the signature of
District Fisheries Officer cum Chief Executive
Officer, Siwan by which 118 Jalkars which were
settled in favour of Panchrukhi Prakhand
Fisheries Co-operative Societies Ltd., has been
canceled showing the reason of unwillingness to
deposit the revenue of Jalkars and the petitioner
further prays for quashing the letter as
contained in Memo No. 304 dated 21/4/2018
issued under the signature of D.F.O cum Chief
Patna High Court CWJC No.10154 of 2018(4) dt.13-01-2026
2/2
Executive Officer, Siwan by which notice has
been issued for settlement of 118 Jalkars by way
of limited bid/open bid fixing the date of bid in
the Office of D.F.O cum Chief Executive Officer
which is illegal, unjustified and contrary to the
Bihar Fish Jalkar Management Act 2006.
The petitioner further prays to issue
Writ in the nature of Mandamus commanding the
respondents to restore the original Settlement of
118 Jalkars in favour of the Panchrukhi
Prakhand Fisheries Co-operative Societies Ltd.
in the interest of justice and grant another
relief/reliefs for which the petitioner is entitled
under the law.”
3. Mr. Ramchandra Sahni, learned counsel for the
petitioner submits that the writ petition is become infructuous
and as such, he may be permitted to withdraw the petition.
4. Accordingly, the writ petition is dismissed as
become infructuous.
(Rajiv Roy, J)
vinayak/-
U
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