Ajay Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4179 of 2020 ====================================================== 1.

Ajay Kumar Mandal son of Late jai Krishna Mandal, resident of village Karauti, Lawa Lagan Basa, Police station Uda Kishanganj, District Madhepura, Secretary, Uda Kishanganj Block Level Fishermen Cooperative Society Ltd., Madhepura 2.

Uda Kishunganj Block Level Fishermen Cooperative Society Ltd. through its Secretary, Ajay Kumar Mandal, Karauti, Uda Kishunganj, DistrictMadhepura ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Animal Husbandry and Fishery Depatment 2.

The Secretary, Revenue Department, Government of Bihar, Patna 3.

The Director Fishery, Government of Bihar, Patna 4.

The District Fishery Officer, Madehpura, Bihar 5.

The Circle Officer, Uda Kishunganj, Madhepura, Bihar 6.

The Rajnish Kumar Singh, son of Late Vijayeshwar Prasad Singh, resident of village Alamnagar, Dhori, Police Station Alam Nagar, District Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahasweta Chatterjee For the Respondent/s :

Mr. Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-10-2023

1. Heard the learned counsel for the parties.

2. This writ application has been filed for commanding the District Fishery Officer, Madhepura (Respondent No. 4) to settle Gopalpur Pokhar situated over Plot No. 449, Khata No. 275, area 97 decimal of Mauja Gopalpur, with the petitioner no. 2.

3. Learned Counsel for the State submits that petitioner had statutory alternative remedy of making

Patna High Court CWJC No.4179 of 2020(2) dt.09-10-2023 2/2 application before the Competent authority under Section 14 of Bihar Fish Jalkar Management Act 2006.

4. Learned counsel for the petitioner does not dispute the above proposition.

5. In view of the aforesaid facts and circumstances of the case, this application is disposed of with liberty to the petitioner to move before the competent authority as may be available to him in accordance with law.

6. It is made clear that petitioner approaches the appropriate forum, the concerned authority/forum would have regard to the present proceeding being pursued by the petitioner, while considering any issue relating to condoning of delay, if applicable.

7. Accordingly, this writ application stands disposed of.

(Prabhat Kumar Singh, J) Shishir/- U