Patna High Court
Ayodhya Mallah @ Ayodhya ChaudharyversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is infructuous because the lease period has lapsed, and therefore the writ relief cannot be granted.
Summary
The petitioner, Ayodhya Mallah, filed a writ petition seeking a certiorari to quash a lease dated 21 July 2017 that allotted certain fish ponds to individuals who, according to him, were not of the Mallah caste nor members of the Fishery Committee, and also sought a mandamus directing the lease be granted to him as a genuine member. The respondents contended that the lease period (1 July 2017 to 30 June 2019) had already expired, rendering the petition moot. The court examined whether the petition retained any operative relief given the lapse of the lease term. Finding that the lease had indeed lapsed and the relief sought could no longer be granted, the court held the petition to be infructuous. Consequently, the petition was disposed of without further orders.
Issues considered
- Whether the writ petition seeking to quash the lease and direct a new lease is maintainable when the lease period has already expired
Subjects
- lease
- fishery ponds
- certiorari
- mandamus
- Fishery Committee
- Mallah caste
- infructuous petition
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22189 of 2018
======================================================
Ayodhya Mallah @ Ayodhya Chaudhary S/o late Sukh Das Mallah @ Sukh
Das Chaudhary R/o village-Chaharya, P.S-Durgawati, Dist Kaimur at
Bhabhua
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Director, Fisheries Department, Government of Bihar, Patna
3. The District Magistrate, cum Collector, Kaimur at Bhabhua.
4. The District Co-operative officer Kaimur at Bhabhua.
5. The District Co-operative officer Kaimur at Bhabhua.
6. The Additional Collector, Kaimur at Bhabhua.
7. The Mantri, Fishery District Co-operative Society Matsya Zila Sahkari
Samiti, Durgawati, Block and
8. The District Fishery officer, Kaimur at Bhabhua.
9. The District Fishery officer cum Chief Executive officer, Kaimur at
Bhabhua.
10. The Anchal Adhikari, Durgawati Anchal, District Kaimur at Bhabhua.
11. The Block Developmetn Officer, Durgawati Block District Kaimur at
Bhabhua.
12. The Block Fishery Extention Officer, Block- Durgawati, District Kaimur at
Bhabhua.
13. Md Sahebjama Khan, S/o Late Yahiya Khan, R/o village Chahariya, PS-
Durgawati, District Kaimur at Bhabhua.
14. Khursheeed Khan, Son of Sri Syed Khan, R/o village Chahariya, PS-
Durgawati, District Kaimur at Bhabhua.
15. Raj Kumari Devi W/o sri Keshav Prasad, R/o village Chahariya, PS-
Durgawati, District Kaimur at Bhabhua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar Sinha, Adv.
For the Respondent/s : Mr. Md.Khurshid Alam -Aag12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-01-2026 Heard the parties.
2. The present application has been preferred for the
Patna High Court CWJC No.22189 of 2018(3) dt.06-01-2026
2/3
following relief(s):
(i) For issuance of writ in the
nature of certiorari to quash the lease and
acceptance dated 21.7.2017 showing ponds
are settled in the name of Md Sahebjama
Khan, Khursheed Khan and one Raj Kumari
Devi regarding the ponds appertaining to
Khata no 298 Khesra no 432, 506 and 874
as contained in Annexure-6 to this petition,
because the settlee are neither comes from
Mallah caste nor they are members of the
Fishery Committee.
(ii) For issuance of further writ in
the nature of mandamus commanding and
directing the respondents to grant lease of
ponds in question to the genuine candidates
like petitioner who are the members of
Fishery Samiti, Durgawati because only the
members of Fishery Committee is entitled to
get the sairat for fishing work.
(iii) And / or pass such other order
or orders as deem fit and proper in the
interest of justice.
3. Learned counsel representing the respondent nos.
13 to 15 submit that the lease period was from 01.07.2017 to
30.06.2019 and the said period has already come to an end and
in that background, the writ petition has become infructuous.
4. Taking note of the aforesaid facts that the period
Patna High Court CWJC No.22189 of 2018(3) dt.06-01-2026
3/3
has already lapsed and the writ petition has become infructuous,
the same is accordingly disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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