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Patna High Court

Manoj KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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


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