Patna High CourtCWJC/7717/2015disposed

Dr. Nehal Akhtar v. The State Of Bihar And ORS

2023-07-13Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7717 of 2015 ====================================================== Dr. Nehal Akhtar ... ... Petitioner/s

Versus

The State Of Bihar and Ors.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar Sinha No.-1, Adv.

For the Respondent/s :

Mrs. Geeta Kumari, GP-28 :

Mr. Rohitabh Das, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 13-07-2023 Counsel for the petitioner and counsel for the State are present.

2. The present writ application has been filed against the settlement of Jalkar in favour respondent no.6.

3. Counsel for the petitioner submits that petitioner has filed an application before District Fisheries Officer, Begusarai, as well as, filed Compensation of Settlement Act, 2011 before the District Fishery Officer, Begusarai which is annexed as Annexure-2 but nothing happened.

4. Counsel for the State submits that there is a special law namely the Bihar Fisheries Jalkar Management Act, 2006, with amendment.

5. Upon specific query from the counsel for the petitioner, whether this settlement is a long settlement or not, he

Patna High Court CWJC No.7717 of 2015 dt.13-07-2023 2/2 submits that it is short time settlement.

6. Under Section 14 of the Bihar Fisheries Jalkar Management Act, 2006 there is a provision of appeal and revision. According to which :

"(I). An appeal against all decisions regarding short term settlement taken by District Fisheries Officer and Deputy Director may be filed before the [Division Commissioner.]"

7. As such, the petitioner has statue remedy to file an appeal before the Division Commissioner against all decisions regarding short term settlement taken by the District Fisheries Officer, Begusarai.

8. With the aforesaid direction, this writ petition is hereby disposed off.

9. Delay, if any, is hereby condoned.

(Dr. Anshuman, J.) Ashishsingh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.07.2023 Transmission Date NA