Patna High Court
Ranju DeviversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed as withdrawn, and the interim protection was vacated.
Summary
The petitioners, two women from East Champaran, filed a writ petition challenging an order dated 19 September 2023 issued by the Divisional Commissioner, Tirhut Division, which cancelled a settlement of 67 fish jalkars previously approved by the District Fisheries Officer and directed a fresh limited/open bid under the Bihar Fish Jalkar Management Act, 2006. They sought a writ to quash the cancellation order and an injunction restraining the District Fisheries Officer from conducting any bid pending the petition. The petitioners' counsel later moved for withdrawal of the petition. The Court accepted the withdrawal and dismissed the writ petition. Consequently, any interim protection previously granted was vacated.
Issues considered
- The legality of the Divisional Commissioner’s cancellation of the fish jalkar settlement.
- Whether the Commissioner had authority to direct a fresh bid under Section 7(ix) of the Bihar Fish Jalkar Management Act, 2006.
- Whether the petitioners were entitled to interim relief restraining the District Fisheries Officer from conducting the bid.
Subjects
- Fish jalkar
- Bid procurement
- Writ petition
- Administrative order
- Bihar Fish Jalkar Management Act
- Interim injunction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16698 of 2023
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1. Ranju Devi Wife of Manish Kumar, Resident of Village- Chhota Bariyarpur,
P.O.- Motihari Court, P.S.- Chhatauni, District- East Champaran, Motihari.
2. Illayachi Devi, Wife of Ravindra Sahni, Resident of Village- Jhitkahiya,
P.O.- Barwa, P.S.- Lakhaura, District- East Champaran, Motihari.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Animal Husbandry and
Fish Resources Department, Bihar, Patna.
2. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
3. The Collector, East Champaran, Motihari.
4. The Director, Fisheries Department, Bihar, Patna.
5. The Deputy Director Tirhut Division, Muzaffarpur.
6. The District Fisheries Officer-cum-Chief Executive Officer, East
Champaran, Motihari.
7. Smt. Priti Devi, Wife of Lalan Prasad, Resident of Village and P.O. and P.S.
Lakhaura, District- East Champaran, Motihari.
8. Sunil Sahni, Son of Lal Babu Chaudhary, Resident of Village- Chhota
Bariyarpur, P.O.- Motihari Curt, P.S.- Chhatauni, District- East Champaran,
Motihari.
9. Vinay Kumar Chaudhary, Son of Raja Ram Chaudhary, Resident of
Mohalla- Chhota Bariarpur, Ward No. 37, Near Chini Mil, P.O. - Motihari
Court, P.S.- Chhatauni Motihari, District- East Champaran, Motihari, elected
Secretary / Treasurer, Motihari Prakhand Matsyajivi Sahyog Samiti Ltd.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Nibash Prasad, Adv.
For the Respondent/s : Mr. Md. Khurshid Alam ( Aag 12 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 20-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) that an appropriate writ may be
issued quashing the order dated-19.09.2023
Patna High Court CWJC No.16698 of 2023(5) dt.20-04-2026
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passed by the Divisional Commissioner,
Tirhut Division, Muzaffarpur, the Respondent
No.2 in Sairat Appeal Case No.272 of 2023
as contained in Annexure-P/11 whereby an
where under the Respondent No.2 the
Divisional Commissioner has cancelled the
settlement of total 67 fish jalkars settled with
the petitioner society by an order dated-
08.07.2023, issued by the District Fisheries
Officer, East Champaran, Motihari, the
Respondent No-6 vide Letter / Memo No.701
dated-08.07.2023 as contained in Annexure-
P/8 and also directed to settle the total 67
jalkars afresh through limited / open bid
under section-7 (ix) of the Bihar Fish Jalkar
Management Act, 2006 as amended time to
time.
II. That an appropriate writ may
be issued commanding upon the Respondent
No-6 the District Fisheries Officer, East
Champaran, Motihari not to conduct any
limited / open bid in compliance of the order
dated-19.09.2023 passed by the Divisional
Commissioner, Tirhut Division, Muzaffarpur,
the Respondent No.2 in Sairat Appeal Case
No.272 of 2023 as contained in Annexure-
P/11 during the pendency of this writ
application.
III. That any other relief/reliefs for
which the petitioners are found entitled to.
Patna High Court CWJC No.16698 of 2023(5) dt.20-04-2026
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3. Learned counsel for the petitioner, Mr. Ram
Nibash Prasad, prays for withdrawal of the petition.
4. Accordingly, the writ petition is dismissed as
withdrawn.
5. Interim protection, if any, stands vacated.
(Rajiv Roy, J)
Vijay Singh/-
U
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