Jamun Sahni v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16282 of 2024 ====================================================== 1.
Jamun Sahni, Son of Chalitar Sahni, Resident of Village- Gangapur, Ward No. 02, P.O.- Gangapur Athar, P.S.- Sarai Ranjan, District- Samastipur. 2.
Ram Sevak Sahani, Son of Lakshmi Sahani, Resident of Village and P.O.- Latbasepura, P.S.- Musri Gharari, District- Samastipur. ... ... Petitioner/s
Versus
1.
The State of Bihar, through the Principal Secretary, Animal Husbandry and Fisheries Department, Bihar, Patna.
2.
The Commissioner, Darbhanga Division, Darbhanga. 3.
The Director Fisheries Department, Bihar, Patna. 4.
The District Fisheries Officer-cum-Chief Executive Officer, Samastipur. 5.
Sarai Ranjan Prakhand Matsyajivi Sahyog Samiti Ltd., through its Secretary Ram Lakhan Sahni, Son of Late Muneshwar Sahni, resident of villageChandrahasa, P.O.- Musapur, P.S.- Ghataho, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Nibash Prasad, Advocate For the Respondent/s :
Mr. Government Pleader (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the parties.
2. In the instant petition, petitioners have prayed for following reliefs:- "I. That an appropriate writ/writs/ order/orders/ direction/ directions preferably in the nature of writ of mandamus commanding the Respondent No. 2, the Commissioner, Darbhanga Division, Darbhanga to dispose of Sairat Appeal Case no. 09 of 2023 pending since 2023 immediately without any delay as contained in Annexure-P/1 at page- 14 to 27 filed by the petitioners on 22.07.2023 by which the petitioners prays for quashing the settlement order issued by the District Fisheries Officer, Samastipur, the Respondent No. 4 settling 75 fish jalkars in favour
Patna High Court CWJC No.16282 of 2024(2) dt.24-10-2024 2/3 of the society i.e. Respondent No. 5 for the settlement year 2023-2024 to 2026-2027 (01.07.2023 to 30.06.2027).
II. That any other relief/reliefs for which the petitioners are found entitled to."
3. Learned counsel for the petitioners submits that petitioners have filed an application before the Commissioner, Darbhanga Division, Darbhanga to dispose of Sairat Appeal Case No. 09 of 2023, but there is no progress in the said appeal. He further submits that as per the Sub-Section (iv) of Section 14 of the Bihar Fish Jalkar Management Act, 2006, the appeal shall be disposed of within two months after giving all opportunities of hearing to the parties concerned but the said appeal is still pending and he prays for a direction for expeditious disposal of the said appeal.
4. Learned counsel for the State has no objection to the prayer of the petitioners.
5. In view of the submissions of the learned counsels for the parties, this case is disposed of with direction to the respondent no. 2, Divisional Commissioner, Darbhanga Division, Darbhanga to dispose of the appeal filed by the petitioners in Sairat Appeal Case No. 09 of 2023, expeditiously, in accordance with law, after hearing the necessary party and the petitioners shall also co-operate in disposal of the said
Patna High Court CWJC No.16282 of 2024(2) dt.24-10-2024 3/3 petition.
6. Accordingly, this writ petition stands disposed of. (Sunil Dutta Mishra, J) khushbu/- U