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2011 DIGILAW 172 (JHR)

Vikash Kumar Mahato v. State of Jharkhand

2011-03-09

R.K.MERATHIA

body2011
Order State Counsel is directed to produce a copy of the Cabinet decision referred in letter dated 28.2.2007 by way of a supplementary counter affidavit within one week. 2. Petitioner is permitted to challenge the Circular and such decision referred in the said letter by way of amendment petition, within one week thereafter. 3. Counter affidavit to the amendment petition by the respondents, jf any, must be filed within one week thereafter. 4. Mr. Ashutosh Anand, appearing for the petitioner, submitted that interim order passed on 15.12.2010 may be modified. 5. Heard the parties on the said prayer. 6. It appears that as the petitioner had made out a prima facie case, respondent no.6 was restrained from carrying on any fishing activity by the said order dated 15.12.2010. 7. It is submitted that petitioner had invested Rs.3,86,400/- against the work after it was alloted to him, in open bid. Thereafter, respondent no. 6 being unsuccessful bidder moved the Deputy Commissioner and then the work allotted to the petitioner was given to it on the purported ground that co-operative is to be given preference as per the circulars, though Respondent No. 6 did not apply in terms of the Circulars, rather it chose to take part in the bid and became unsuccessful. 8. In the circumstances, the Deputy Commissioner, Dhanbad will depute a competent person under whose supervision, petitioner will be allowed to rear and sale fishes. 9. It was informed that petitioner's deposit of Rs.2,70,000/- is lying with the MADA. If the sale proceeds exceeds that amount, petitioner will furnish bank guarantee to that extent. 10. Put up this case on 29.4.2011. 11. Let a copy of the order be given to Mr. Srijit Choudhary, appearing for the State, as prayed.