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Patna High CourtCWJC/18565/2024disposed

Manoj Kumar @ Manoj Sahni v. The State Of Bihar

2024-12-09Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18565 of 2024 ====================================================== Manoj Kumar @ Manoj Sahni, son of Rijhan Sahni, resident of VillageHariharpur, P.O.- Hariharpur, P.S. - Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

1.

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

The Director, Fisheries Department, Patna.

3.

The Deputy Director, Fisheries, Darbhanga Region, Darbhanga. 4.

The District Fisheries Officer cum Chief Executive Officer, Darbhanga. 5.

The Block Fisheries Extension Officer, Singhwara Block, DistrictDarbhanga. 6.

Singhwara Block, Matasyajivi Sahyog Samiti Ltd. through its Secretary Avinash Sahni, resident of Village and P.O.- Singhwara, DistrictDarbhanga. 7.

Avinash Sahni, son of Chalitar Sahni, resident of Village- Singhwara, P.O.- Singhwara, P.S.- Singhwara, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav, Advocate For the State :

Mr. S.D. Yadav, AAG-9 Mr. Baj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-12-2024 Heard learned counsel for the parties.

2. In the instant petition, the petitioner has prayed for issuance of a writ in the nature of Mandamus commanding upon the respondents to take appropriate action against the Respondent No.7 who has proposed and got settled 6 Jalkar to the members of one family, which is arbitrary and misuse of his official capacity by the Respondent no.7 and further to direct to settled a pond to the petitioner for his livelihood and further for

Patna High Court CWJC No.18565 of 2024(2) dt.09-12-2024 2/3 issuance of a writ in the nature of Mandamus and/or to cancel the settlement of the 9 jalkars namely Chamanpur dih Pond, Dhobiyahi Pond, Bahuara Pond, Bedual Pond, Bandaul Pond and Tektur Harmani Pond detailed in Para-9 of the writ petition.

3. Learned counsel for the petitioner submits that the petitioner had filed a representation dated 20.03.2024 before District Fisheries Officer-cum-Chief Executive Officer, Darbhanga (respondent no.4) and thereafter he has also filed a representation dated 23.03.2024 before the Deputy Director, Fisheries, Darbhanga Region, Darbhanga (respondent no.3) in this regard which was referred to District Fisheries Officer-cumChief Executive Officer, Darbhanga (respondent no.4) and the said representations are still pending. He further submits that this case may be disposed of with direction to respondent no.-4 to dispose of the said representations expeditiously.

4. Learned counsel for the State has no objection to this prayer of the petitioner.

5. In view of the submission of learned counsel for the petitioner, this writ petition stands dispose of with direction to District Fisheries Officer-cum-Chief Executive Officer, Darbhanga (respondent no.4) to dispose of the said representations dated 20.03.2024 and 23.03.2024 expeditiously

Patna High Court CWJC No.18565 of 2024(2) dt.09-12-2024 3/3 in accordance with law after hearing the parties. (Sunil Dutta Mishra, J) ashishkr/- U