Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13858 of 2025 ====================================================== Deepak Kumar Son of Late Karyanand Singh, Resident of Village- Kendua, Police Station- Mufassil in the district of Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna. 2.

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

3.

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

4.

The Divisional Commissioner, Magadh Divison, Gaya. 5.

The District Magistrate-cum-Collector, Nawada. 6.

The District Fisheries Officer-cum-Chief Executive Officer, Nawada. 7.

The Circle Officer, Nardiganj in the district of Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Respondent/s :

Mr. Anant Pd. Singh, SC-15 Mrs. Deepika Sharma, AC to SC-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-09-2025 Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mrs. Deepika Sharma representing the State.

2. The present writ petition has been preferred for the following relief(s):

i. to direct the respondents to reduce the amount of SAIRAT settlement in proportion to the area of the pond, as per the Tender Notice the area of pond was shown 14.12 Acres but on spot the existing area of pond is only 6.88 Acres.

Patna High Court CWJC No.13858 of 2025(2) dt.02-09-2025 2/3 ii. also to direct the respondents especially respondent no.6 to consider the application submitted by the petitioner and to pass appropriate order having consider the existing area of the pond at Village- Odo under Nardiganj Block in the district of Nawada. So that the petitioner could deposit the amount as per the existing area of the pond for the purpose of fisheries.

iii. also for any other relief/reliefs for which the petitioner is found to be entitled in the eye of law.

3. The grievance of the petitioner is that though he being the highest bidder, got the award/tender issued by the District Fisheries Officer-cum-Chief Executive Officer, Nawada (Annexure-1), the actual area is much below what was recorded in the tender bill and as such, he has faced economic loss.

4. After some argument, he submits that he shall be approaching the respondent no. 2 (the Principal Secretary, Animal Husbandry and Fisheries Department, Bihar, Patna) for the redressal of the grievance as despite best of the effort, he could not break the ice so far as respondent no. 6, the District Fisheries Officer-cum-Chief Executive Officer, Nawada is concerned.

5. Learned State Counsel submits that if the same is

Patna High Court CWJC No.13858 of 2025(2) dt.02-09-2025 3/3 filed, shall be taken to its logical conclusion.

6. In that background, this Court disposes of the writ petition allowing the petitioner to approach the respondent no. 2 (the Principal Secretary, Animal Husbandry and Fisheries Department, Bihar, Patna) within a period of four weeks who shall after hearing all the parties including the respondent no. 6, the District Fisheries Officer-cum-Chief Executive Officer, Nawada and getting the area properly measured/report in this regard, shall be taking a decision at an earliest preferably within a period of six months from the date the petition is preferred before the said office.

(Rajiv Roy, J) Vijay Singh/- U