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Patna High Court

Ranju DeviversusThe State of Bihar

Decided
Disposal
WITHDRAWN

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The writ petition was dismissed as withdrawn, and the interim protection was vacated.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
                 ======================================================
           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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