Bagha 2 Block Fisherman Cooperative Society Limited And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1519 of 2016 ====================================================== 1.
Bagha 2 Block Fisherman Cooperative Society Limited and Anr Resident of village - Kailashnagar, Ward No. 6, Post - Narayanpur, P.S. Bagaha 9 Pathkauli , District - West Champaran 2.
Shambhu Chaudhary Son of Late Mahavir Chaudhary Resident of village - Kailashnagar, Ward No. 6, Post - Narayanpur, P.S. Bagaha 9 Pathkauli , District - West Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar and Ors 2.
The Director, Directorate of Fisheries, Animal and Fisheries Resources, Government of Bihar, Patna 3.
The Dy. Director of Fisheries Headquarter , Directorate of Fisheries, Animal and Fisheries Resour 4.
The District Fisheries officer - Cum - Chief Executive officer, West Champaran, Bettiah ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Singh, Advocate For the Respondent/s :
Mr. Sc27- Kinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-07-2025 Heard the parties.
2. The present writ application has been preferred for : issuance of writ of certiorari for quashing/setting aside the part of the order dated 26.06.2015 contained/communicated vide letter no. 93 dated 02.07.2015 passed by Director, Directorate of Fisheries, Animal and Fisheries Resources Department, Government of Bihar, Patna by which he has been pleased to reject the prayer of the petitioners for accepting settlement amount for year 2013-14 on Pro-rata basis as the
Patna High Court CWJC No.1519 of 2016(3) dt.15-07-2025 2/3 settlement order was issued only on 28.6.2014 whereas the new Jalkar settlement year commenced from 1st July of a year to 30th June of following year.
1.(b) That the petitioners abovenamed are further praying before this Hon'ble Court to issuance further writ of mandamus directing/commanding the respondent authorities to accept the Installment of the settlement amount for the year 2015-16 for the period Parvana is issued and not to compel the petitioner's society to deposit the second installment of the settlement amount for the year 2013-14 as the settlement for the year 2013-14 was executed in favour of the petitioner's society only on 28.6.2014 whereas the new Jalkar settlement year commenced from 1st July of a year to 30th June of following year and also not to compel the petitioners to submit revenue for 2014-15 as no Parwana of jalkar was issued in favour of petitioners.
1.(c) That the petitioners are further praying before this Hon'ble Court for issuance of further writ of mandamus directing/commanding the respondent authority to adjust the 1" installment amount of the year 2013-14 after deducting the settlement amount for two days on pro-rata basis as the settlement for the year 2013-14
Patna High Court CWJC No.1519 of 2016(3) dt.15-07-2025 3/3 was issued only on 28.6.2014.
3. Learned State counsel has taken this Court to the counter affidavit filed on behalf of the District Fisheries Officer, West Champaran, Bettiah with specific reference to paragraph 29 to show that the settlement is made with the society and not with any person in his personal capacity and the internal arrrangement of the society have no concern with the state respondents.
4. It is her further submission that with the passage of time, the matter has become infructuous.
5. Having taken note of the aforesaid facts, as also the averment in the counter affidavit not rebutted by the petitioner. Despite the fact that the same was provided to him in the year 2016, nothing remains.
6. The writ petition is disposed of.
(Rajiv Roy, J) Raj Ranjan/- U T