Patna High Court
Sheo Muni ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is infructuous because the statutory settlement period (01‑07‑2019 to 2022) has already lapsed.
Summary
The petitioner, Sheo Muni Choudhary, filed a writ petition seeking to set aside an auction notice dated 08‑08‑2019 issued by the District Fishery Officer concerning certain ponds (Jalkar) in Kaimur district. The State counsel submitted Annexure‑1 showing that the statutory settlement period for the ponds ran from 01‑07‑2019 to 2022 and had already expired. The court examined whether the petition remained maintainable in view of the lapse of that period. Relying on the annexure, the court held that the petition could no longer be entertained because the settlement window had closed. Consequently, the writ petition was declared infructuous and disposed of.
Issues considered
- What is the legal effect of the auction notice issued by the District Fishery Officer?
- Has the petitioner’s right to challenge the notice been extinguished by the lapse of the statutory settlement period?
Subjects
- auction notice
- ponds
- settlement period
- writ petition
- infructuous
- co‑operative societies
- district fishery officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20782 of 2019
======================================================
Sheo Muni Choudhary S/o Sahdeo Choudhary @ sahdev mahallah Resident
of Village- Rampur, Post Office- Rampur, Dist.-Kaimur (Bhabhua), At present
Ex- Secretary Bhabhua Prakhand Matsyajibi Sahyog Samiti, District- Kaimur
(Bhabhua).
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The Principal Secretary Bihar Co-Operation Society New Secretariat Bihar,
Patna.
3. The Registrar Co-Operative Societies Bihar, Patna.
4. The District Magistrate Kaimur at Bhabhua.
5. The District Fishery Officer cum Executive Officer Kaimur at Bhabhua.
6. The District Co- Operative Officer Kaimur at Bhabhua.
7. The Block Co- Operative Extension Officer Bhabhua cum special officer
Bhabhua Block Matasyajivi Sahyog Smithi Ltd.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Achhaibar Singh, Adv.
For the Respondent/s : Mr. Jitendra Kumar, AC to Ex-AAG-11
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-01-2026 Heard the parties.
2. The present application has been preferred:
for setting aside the letter dated
08.08.2019 vide memo no. 323 issued by
Respondent no.-5 the District fishery officer
cum Executive officer Kaimur at Bhabhua by
which the said officer has illegally issued
auction notice of Jalkar (ponds) situated at
Kaimur (Bhabhua) District.
3. At the outset, learned State Counsel has taken this
Court to Annexure-1 to show that the period of settlement was
Patna High Court CWJC No.20782 of 2019(3) dt.07-01-2026
2/2
between 01.07.2019 to the year 2022, the period which has
already lapsed and as such, the writ petition has become
infructuous.
4. Taking into account the aforesaid facts, the writ
petition is disposed of as infructuous.
(Rajiv Roy, J)
Vijay Singh/-
U
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