Patna High Court
Manoj KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of without granting any relief, and a cost of Rs 1,000 is imposed on the respondent.
Summary
The petition filed by Manoj Kumar on behalf of Barharia Block Fisheries Co‑operative Society sought a writ of certiorari to quash a letter dated 13‑April‑2018 issued by the District Fisheries Officer cancelling the settlement of 49 ponds allotted for 2012‑19, and a subsequent memo dated 21‑April‑2018 authorising a limited/open bid for the same ponds, alleging violation of Section 7(xii) of the Bihar Fish Jalkar Management Act, 2006. The High Court noted that a coordinate bench had earlier stayed the fresh tender on 22‑May‑2018 and directed the State to file an affidavit, which the respondents failed to do. Since the State did not comply and the matter had become infructuous with the settlement period already elapsed, the Court found no ground to grant the reliefs sought. The Court imposed a cost of Rs 1,000 on the fourth respondent to be paid to the District Legal Services Authority. Consequently, the writ petition was disposed of without granting any substantive relief.
Issues considered
- Whether the cancellation letter and the subsequent tender for the 49 ponds were illegal or ultra vires under Section 7(xii) of the Bihar Fish Jalkar Management Act, 2006.
- Whether the petition remains maintainable given the lapse of time and the infructuous nature of the dispute.
Subjects
- certiorari
- Bihar Fish Jalkar Management Act
- Section 7(xii)
- fish ponds
- cooperative society
- tender
- infructuous
- cost order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9381 of 2018
======================================================
Manoj Kumar Son Of Ramashankar Prasad resident Of Villge Chauki Hasan
P.s-Barharia District Siwan
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Director Fisheries Department Government Of Bihar Patna
3. The Collector Cum District Magistrate Siwan
4. The District Fisheries Officer cum chief Executive Officer Siwan
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Sahni, Adv.
For the Respondent/s : Mr. Rishi Raj Sinha -Sc19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 05-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
for issuance of appropriate Writ in
the nature of Certiorari for quashing the
letter bearing its No. 267 dated 13/4/2018
(Annexure-4) issued under the signature of
District Fisheries Officer cum Chief
Executive Officer, Siwan by which 49 Jalkars
settled in favour of Barharia Prakhand
Fisheries Co-operative Societies Ltd. has
been cancelled in view of Section 7 (xii)
(Jha) of Bihar Fish Jalkar Management Act
2006 and the petitioner further prays for
quashing the letter as contained in Memo
No. 305 dated 21/4/18 (Annexure-5) issued
Patna High Court CWJC No.9381 of 2018(3) dt.05-01-2026
2/3
by the District Fisheries Officer cum Chief
Executive Officer, Siwan by which notice has
been issued for settlement of 49 unsettled
Jalkars belonging to Barharia Anchal
through the limited/open bid which is
scheduled to be conducted in the Office of
D.F.O cum Chief Executive Officer on
24/5/18 and 25/5/18 by way of limited bid
respectively and on 29/5/18, 4/6/2018 by way
of open bid which is illegal, unjustified and
contrary to the Bihar Fish Jalkar
Management Act and grant another
relief/reliefs for which the petitioner is
entitled under the law according to facts and
circumstances of the case.
3. Earlier, the petitioner who represent the Block
Fisheries Co-operative Society, Barharia in the district of Siwan
was allotted 49 ponds for the period 2012-19 on certain amount
which was not cleared by it.
4. Accordingly, after noticing and as they failed to act,
vide order in question, the settlement was canceled.
5. Aggrieved, the petitioner moved before this Court.
6. This was taken up by a Co-ordinate Bench on
22.05.2018 and while granting time to the State to file affidavit
in four weeks, the order by which the District Fisheries Officer,
Siwan issued fresh tender, was stayed.
Patna High Court CWJC No.9381 of 2018(3) dt.05-01-2026
3/3
7. A writ petition was filed, Co-ordinate Bench
wanted the State to file reply, the bid was stayed on 22.05.2018,
the respondent chose not to file any affidavit. The petitioner
naturally enjoyed the fruits uptil the period (2019) for which the
settlement was earlier made.
8. It seems now with the passage of time, the matter
has become infructuous.
9. However, as the State respondent failed to file any
reply in time, a cost of Rs. 1,000/- is imposed to be paid by the
respondent no. 4 to the District Legal Services Authority, Siwan.
Failure to do so, the same be realized in accordance with law.
10. The respondent no. 4 is free to take steps for
realization of the amount from the erring officials due to fault of
which, no counter affidavit was filed.
11. The writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…