Ram Ratan Sharma @ Ram Ratan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4805 of 2014 ====================================================== Ram Ratan Sharma @ Ram Ratan Singh, S/O Brajdeo Singh Resident of Village and P.O. Jear, P.S. Asthawan, District Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate Nalanda, District Nalanda. 3.

The Principal Secretary, Fishery Department, Govt. of Bihar, Patna. 4.

The Director, Fishery Department, Govt. of Bihar, Patna. 5.

The District Fishery Officer-Cum-Chief Executive Officer, Nalanda, District Nalanda.

6.

Mr. Bhola Kumar, Mantri Prakhand Level Matsyajibi Sahyog Samiti Asthawan, District Nalanda.

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Respondent/s :

Mr.Kinkar Kumar, S.C. 9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 06-03-2019 The petitioner has filed this Public Interest Litigation contending that the pond in question could not have been settled as it is against public interest.

2. The contention is that the same ought to have been handed over to the Rural Development Department for its maintenance and upkeep, but for reasons best known, the same was settled as a fishery pond in favour of the Respondent No. 6. The contention is that the officials of the Fishery Department

Patna High Court CWJC No.4805 of 2014 dt.06-03-2019 2/2 themselves found this to be irregular, yet no action is being taken.

3. The order of settlement was stayed and it came to be ultimately cancelled, whereafter it was settled vide Memo No. 40 dated 10th of January, 2013 for a period of seven years. The said period is to come to an end on 30th June, 2019.

4. In our opinion, no fruitful purpose would be served by entertaining this writ petition at this stage and, therefore, the same is consigned to records without prejudice to the rights of an aggrieved person or any public spirited person to bring it to the notice of the concerned officials about the grievances so raised and about any other public utility of the pond.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) P.K.P./-Jagdish AFR/NAFR CAV DATE Uploading Date 06.03.2019 Transmission Date