Jhanjharpur Anchal Matsyajivi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4078 of 2011 ======================================================

1. Jhanjharpur Anchal Matsyajivi Sahayog Samiti Ltd. through its Secretary Baidyanath Mukhiya

2. Baidyanath Mukhiya S/O Late Chanchal Mukhiya R/O Vill.- Naruar Police Station, Bhairabasthan, Distt.- Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna

2. Principal Secretary Department of Urban Development, Government of Bihar, Patna

3. Principal Secretary, Department of Fisheries and Animal Husbandry, Government of Bihar, Patna

4. Director, Fisheries, Bihar, Patna

5. Deputy Director, Fisheries, Darbhanga

6. District Fisheries Officer Cum Chief Executive Officer, Madhubani

7. District Magistrate, Madhubani

8. Sub Divisional Officer, Jhanjharpur, Madhubani

9. Jhanjharpur Nagar Panchayat, Jhanjharpur, Madhubani, through its Special Officer

10. Block Development Officer Cum Special Officer Nagar Panchayat Jhanjharpur, Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binodanand Mishra, Adv. For the Respondent/s : Mr. Shashi Shekhar Pd. Sinha, AC to GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-07-2016 Heard.

In view of the nature of grievances raised on behalf of the petitioners in the present writ petition, this Court is of the opinion that the matter should be examined by the respondent District Collector, Madhubani at his own level and should pass an appropriate final order with respect to the valid grievances, if any, of the petitioners.

In above view of the matter, the petitioners are directed to file a fresh comprehensive representation before the respondent

Patna High Court CWJC No.4078 of 2011 (4) dt.04-07-2016 2/2 District Collector, Madhubani with all supporting documents as also with a certified copy of the present order within a period of one month from today, whereafter the respondent District Collector, Madhubani shall proceed to decide the matter afresh in accordance with law and the representation, so filed by the petitioners, shall be disposed of by a reasoned and speaking order, after giving an opportunity of hearing to all concerned including the petitioners, the concerned authorities as also the private individuals, if any, of the locality. All endeavours should be made by the respondent District Collector, Madhubani to dispose of the matter afresh at an early date preferably within a period of three months from the date of filing of such representation by the petitioners.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the parties in the present proceeding and this is left to be decided by the District Collector, Madhubani afresh strictly in accordance with law. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U