The State Of Bihar And ORS v. Kanhaiya Choudhary And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.798 of 2012 In Civil Writ Jurisdiction Case No.11953 of 2010 ====================================================== 1.

The State Of Bihar, through the Secretary, Animal Husbandary and Fisheries Department, Government of Bihar, Patna.

2.

The Director, Animal Husbandry and Fisheries Department, Government Of Bihar, Patna 3.

The District Fisheries Officer, Madhubani 4.

The Anchal Adhikari, Benipatti Anchal, Madhubani ... ... Appellant/s

Versus

1.

Kanhaiya Choudhary, Son Of Late Dukh Haran Choudhary Resident Of Village- Chanpura, P.O.- Basaith, District- Madhubani 2.

Raj Kumar Mukhiya, The Secretary, Benipatti Anchal, Fishermen'S CoOperative Society Ltd. Benipatti, District- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Amit Prakash, Adv.

Mr. Yogendra Mishra, Sr. Adv.

For the Respondent/s :

Mr. Amish Kumar, Adv.

Mr. Shankar Kumar Choudhary, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 06-07-2022 Heard learned counsels for the parties.

The present appeal is against the order of the learned Single Judge passed in CWJC No.11953/2010.

Core issue involved in the litigation is providing contract of Government Tanks/Jalkars for the purpose of fishing activities. Undisputedly such a contract would be for a period of

Patna High Court L.P.A No.798 of 2012 dt.06-07-2022 2/2 five years. Further, during pendency of the present petition two such contracts have already spent its force.

In the light of these facts and circumstances the present appeal has attained infructuous. At this stage learned counsel for the respondents intends to address the argument. Matter is of the year 2012. No interest of the respondent is involved in the year 2022 so as to interfere with the learned Single Judge order dated 03.08.2010 in the year 2022 in light of the aforesaid observation to the extent that contract of fisheries is given for a period of five years.

Accordingly, the respondents counsel requested for adjourning the matter is hereby rejected. In the result LPA stands disposed of it has become infructuous.

(P. B. Bajanthri, J) ( Rajiv Roy, J) Prakash Narayan /- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.07.2022 Transmission Date