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Patna High Court

Prabhat KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The respondent's cancellation of the settlement and declaration of the petitioners as defaulters without disposing of the remission petition is illegal, and the writ petition is disposed, granting the petitioners liberty to approach the matter afresh.

Summary

The petitioners, represented by the Secretary of Bardara Prakhand Matasyajivi Sahyog Samiti Ltd., filed a writ of mandamus seeking an order restraining the State of Bihar and its officials from treating them as defaulters without first disposing of a pending remission petition under Section 12(v) of the Fish Jalkar Management Bihar Act, 2006. They alleged that the District Fisheries Officer had cancelled their settlement for the 2018‑19 period and declared them defaulters despite the petitioners having deposited earlier dues that should have been adjusted. The petitioners also contended that the cancellation was illegal because the remission petition remained pending. The State counsel raised no objection to the petition. Justice Rajiv Roy granted the petitioners liberty to raise the matter afresh and disposed of the writ petition without granting the mandamus. Consequently, the petition was dismissed, allowing the petitioners to approach the appropriate authority again.

Issues considered

  • Whether the respondent officials can declare the petitioners as defaulters and cancel their settlement without disposing of the pending remission petition under Section 12(v) of the Fish Jalkar Management Bihar Act, 2006.
  • Whether a writ of mandamus is appropriate to restrain such action.
  • Whether the respondent acted within its jurisdiction in cancelling the settlement.

Subjects

  • mandamus
  • fisheries
  • remission petition
  • defaulter
  • jurisdiction
  • administrative law
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.13978 of 2019
                 ======================================================
           1.     Prabhat Kumar S/o Ranveer Sahni R/o Village-Hattha, P.O. -Hattha, P.S.
                  Diyar, District-Muzaffarpur Secretary of Bardara Prakhand, M.S.S. Ltd.
                  Bardara
           2.    Bardara Prakhand Matasyajivi Sahyog Samiti Ltd. Bardara, through its
                 elected Secretary Prabhat Kumar

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through its Principal Secretary, Animal Husbandary and
                 Fisheries Department, Bihar, Patna
           2.    The District Magistrate Muzaffarpur
           3.    The Director Fisheries Department, Bihar, Patna
           4.    The Under Secretary Animal Husbandary and Fisheries Department, Bihar,
                 Patna
           5.    The Joint Director Fisheries Department, Bihar, Patna
           6.    The Dy. Director Fisheries Department, Tirhut Division, Muzaffarpur
           7.    The District Fisheries Officer cum Chief Executive Officer Muzaffarpur
           8.    The Remission Committee through Collector, Muzaffarpur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Deepak Kumar, Adv.
                 For the Respondent/s   :        Mr. Wasi Ahmad Khan, AC to SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   13-01-2026                   Heard Mr. Deepak Kumar , learned counsel for the

                   petitioner and Mr. Wasi Ahmad Khan, learned State Counsel.

                               2. The present application has been preferred:

                                                      for issuance of writ of mandamus
                                            directing the respondents not to treat the
                                            petitioners as defaulter without disposal of
                                            the remission petition as provided in section
                                            12 (v) of the Fish Jalkar Management Bihar
                                            Act 2006. Respondent no. 7 has wrongly
Patna High Court CWJC No.13978 of 2019(4) dt.13-01-2026
                                           2/3




                                 cancelled the settlement of period 2018-19
                                 vide letter no. 350 dated 28.02.2019 without
                                 disposed of the remission petition, such
                                 action of respondent no. 7 is wholly illegal in
                                 the eye of law. It is further submitted that the
                                 petitioner has deposited the revenue a sum of
                                 Rs. 5,14,897/-vide receipt no. in 028441
                                 dated 13.12.2017 contained Annexure-2 for
                                 the period 2015-16, 2016-17 and 1st
                                 instalment of 2017-18 which was previous
                                 dues that may be adjusted towards the dues
                                 for 2017-18 but respondent no. 7 without
                                 adjusting the previous deposite amount paid
                                 by the petitioner society and without
                                 disposed of the remission petition which is
                                 pending before the authority, the respondent
                                 no. 7 is declared the petitioners as defaulter
                                 and cancelled their settlement such action of
                                 respondent no. 7 is wholly illegal, without
                                 jurisdiction and the same is fit to be quashed.
                      3. At the outset, learned counsel for the petitioner

          accepted that the petitioner approached this Court in the

          capacity of the Secretary of the said fisheries society and is

          presently not serving on the said post. Secondly, the settlement

          period also has come to an end.

                      4. In that background, he be granted liberty if a fresh

          cause arises.
           Patna High Court CWJC No.13978 of 2019(4) dt.13-01-2026
                                                      3/3




                                 5. The State Counsel has no objection.

                                 6. In that background, granting liberty to the petitioner

                     to agitate afresh, the writ petition is disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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