Lallan Kumar Sahni @ Lalan Sahani (male) v. State Of Bihar
2021-08-16
MOHIT KUMAR SHAH
body2021
DigiLaw.ai
JUDGMENT 1. The present writ petition has been filed seeking the following reliefs:- (i) That an appropriate writ may be issued commanding upon the Respondent No. 6, the District Fisheries Officer to issue parwana with regard to Kaithkola jalkar immediately without any delay. (ii) That an appropriate writ may be issued commanding upon the Respondent No. 6, the District Fisheries Officer to charge the revenue of Kaithkola Jalkar from the date of issuance of fishing parwana. (iii) That an appropriate writ may be issued commanding upon the Respondent No. 6, the District Fisheries Officer not to demand revenue from the society for Kaithkola Jalkar for the period during which no parwana is issued for that jalkar. (iv) That an appropriate writ may be issued commanding upon the Respondent No. 6, the District Fisheries Officer to adjust the revenue already paid for Kaithkola jalkar by the society with future instalment after issuance of fishing parwana of that jalkar. 2. The brief facts of the case are that the petitioner no. 2 is a Society registered under the provisions of the Bihar Co-operative Societies Act, 1935. The petitioner no. 1 was elected as the Secretary -cum- Treasurer of the Managing Committee of the Society, pursuant to the election of the Regular Managing Committee of the Society being conducted by the Bihar State Election Authority in the year, 2017, whereafter he has been discharging his duties diligently. It is statedthat there are 25 fish jalkars within the area of operation of the Society and all the jalkars were settled with the Society with effect from 1.7.2012 to 30.6.2019 and then, for the period 1.7.2019 to 30.6.2022, vide letter no. 395 dated 14.8.2019, issued by the District Fisheries Officer. The Society had then deposited the first instalment of the revenue required to be deposited in the office of the District Fisheries Officer, whereafter the petitioners' Society had issued patta to all the members of the Society as per the decision taken by the Managing Committee in the meeting held on 18.10.2019. Thereafter, the District Fisheries Officer, Begusarai, had issued parwana, pertaining to 24 jalkars vide letter dated 12.12.2019. 3.
Thereafter, the District Fisheries Officer, Begusarai, had issued parwana, pertaining to 24 jalkars vide letter dated 12.12.2019. 3. The learned counsel for the petitioners has submitted that though the settlement has been made in favour of the Society, pertaining to 25 fish jalkars, but parwana has only been issued with regard to 24 fish jalkars, hence, direction be issued to the District Fisheries Officer, Begusarai to issue parawan with regard to Kaithkola jalkar as well andto charge the revenue with effect from the date of issuance of fishing parwana for the said jalkars. It is further prayed that the Respondent No. 6 be also directed to adjust the revenue already paid for Kaithkola jalkar by the Society in future demands. The learned counsel for the petitioners has relied on judgments dated 7.10.2009, 3.9.2010, 7.7.2010, 5.10.2009, 18.8.2010, 12.1.2010 and 1.7.2016 passed by the learned Single Judge / learned Division Bench of this Court in CWJC No. 11864 of 2009, 8665 of 2010, 9849 of 2010, 12896 of 2009, L.P.A. No. 1166 of 2010, CWJC No. 16615 of 2009 and L.P.A. No. 1942 of 2010 respectively. 4. Per contra, the learned counsel for the State submits that the petitioners have been getting settlement continuously since the year 2019-2020 up to the year 2021-2022 and the concerned authorities have settled the said jalkars in favour of the petitioners/their members. 5. I have heard the learned counsel for the parties and perused the materials on record. Admittedly, the Respondents have conceded to the effect that all the jalkars in question i.e. 25 fish jalkars have been settled in favour of the petitioners, hence, this Court finds that no lis survives for adjudication, as far as the present case is concerned and the only direction, which is required to be issued, as per the law settled by this Court from time to time, as aforesaid, is that the settlement amount for the aforesaid jalkars in question is required to be assessed and accepted from the date on which the petitioners were handed over possession of the said 25 jalkars and any revenue deposited by the petitioners in excess is to be adjusted in future as also the Respondents are not entitled to charge any revenue for the period, during which possession of the aforesaid 25 jalkars had not been given to the petitioners/ their members. It is directed accordingly. 6.
It is directed accordingly. 6. With the aforesaid observations/ directions, the writ petition stands allowed.