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2010 DIGILAW 1658 (PAT)

Bipin Kumar S/o Mishri Yadav v. State Of Bihar

2010-07-26

BIRENDRA PRASAD VERMA, SHIVA KIRTI SINGH

body2010
JUDGEMENT 1. Heard learned counsel for the appellant and learned counsel for the State. 2. The grievance of the appellant is that the settlement of Jalkar for fishery rights on portion of Gilani Jalkar in Asthawan Prakhand, District-Naianda in favour of Asthawan Prathmik Matasyajivi Swablambi Sahkari Samiti Ltd., Gilani has been prematurely terminated by the State Government and the refusal of the writ court to interfere and allow the appellant to continue in possession of the Jalkar is bad in law. 3. On going through the primary consideration before the writ court that the Jalkar in question, as per decision of the State Government is to be used to nurture high quality fishing seeds for distribution and use throughout the State of Bihar. We find sat the learned writ court has rightly given due weightage to larger public interest and refused to interfere. 4. Considering that the appellant represents a Co-operative Society of poor fishermen, on humanitarian and sympathic ground only. We modify the order of the writ court and set aside the order for cost of Rs. 10,000/- against the appellant. With this modification the appeal is dismissed. It is made clear that if the appellant has any claim for refund of money he can lodge such a claim before appropriate authority which shall be considered and disposed of in accordance with law within a period of three months from today. It is made clear that if the petitioner is dissatisfied with the decision of the authority, he will have the liberty to seek appropriate relief or compensation through the civil court, as per law.