Bakarganj Machhua Swablambi Sahkari Samiti Ltd. v. State Of Bihar
2003-08-22
M.L.VISA, NAGENDRA RAI
body2003
DigiLaw.ai
Judgment 1. This appeal is directed against the order dated 16.7.2003 passed by learned Single Judge dismissing the writ application filed by the appellant challenging the order dated 12.3.2003/20.3.2003 (Annexure-6 to the writ application) passed by the Secretary, Department of Animal Husbandry & Fisheries, Government of Bihar, Patna, cancelling the settlement of 35 Jalkars in favour of appellant for the period 2003-04 to 2004-05. 2. Admitted fact is that settlement of 35 Jalkars was made for three years in favour of appellant. Later on, it was cancelled by the authority after giving opportunity of hearing to the appellant. Three grounds were given by the authority for cancelling the settlement, namely, the appellant was defaulter, no recommendation of competent officer of the Department of Co-operative Societies in terms of Government Circular was obtained and the procedure for settlement of the Jalkars in terms of subsequent circular was not followed. 3. Learned Single Judge having gone into the matter in detail has upheld the order of cancellation of settlement. We do not find any cogent reason to take a different view specially when the appellant is a defaulter and its case that it filed a remission application and deposited 10 percent of the amount due in terms of Government Circular and as such it was eligible for settlement in terms of the Government Circular can not be accepted in view of the Division Bench Judgment of this Court referred in the order of the learned Single Judge. 4. In the result, there is no merit in this appeal which is accordingly dismissed.