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2003 DIGILAW 1319 (JHR)

Barnipal Fisherman Co-operative Society Ltd, East Singbhum v. State of Bihar

2003-11-24

R.K.MERATHIA

body2003
Order Heard. This writ petition was filed for quashing the order dated 24.9.1996 passed by the Deputy Commissioner, East Singhbhum and District Fishery Officer, Jamshedpur by which Pandu Tank, Chhotasirsi, Thana No. 728 Khata No. 81, Plot No. 79, area one acre, was settled in favour of Ranjeet Kumar Shit, respondent No.5 on the ground that the case of the petitioner was not considered and settlement was made in violation of the Government order and Guidelines regarding settlement of Tank. 2. While referring to paragraph 7 of the counter affidavit Mr. Modi submitted that there is nothing to show that the petitioner society, has actually filed this case. There is no authorization of a competent body in the name of the executive member namely Hari Ram Singh for pursuing this case. He however pointed out to the order dated 4.11.1990 passed in this writ petition whereby the petitioner and the respondents were restrained from fishing from the tank in question. He submitted that the settlement in favour of respondent No.5 was for 10 years major portion of which has lapsed, and therefore, it will be proper that a fresh settlement offered/invited in which all parties interested may take part. 3. In view of the fair stand taken by learned counsel for the State, this writ petition is being disposed of with a direction to the Competent Authority to invite fresh offers for settlement of the tank in question, if they decide to do so. It goes without saying that the settlement will be done keeping in view the Government policies. 4. With these observations and directions this writ petition is disposed of.