Patna High Court - Orders
Punyadeo Sahani vs The State Of Bihar on 16 January, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14622 of 2023
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Punyadeo Sahani Son of Jokhu Sahani, Resident of village Sihorawa, P.O.-
Gonaha, P.S-Raxaul, Distt.- East Champaran, Motihari.
... ... petitioners /s
Versus
1. The State of Bihar through the Principal Secretary, Animal Husbandry and
Fish Resources Department, Bihar, Patna.
2. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
3. The Collector, East Champaran, Motihari.
4. The Director, Fisheries Department, Bihar, Patna.
5. The Deputy Director, Tirhut Division, Muzaffarpur.
6. The District Fisheries Officer-cum-Chief Executive Officer, East
Champaran, Motihari.
7. Raxaul Prakhand Matsyajivi Sahyog Samiti Ltd., through its Secretary
Lakhichand Sahni, (Male) aged about 56 years son of Brahmbhadeo Sahni,
resident of village-Lachhumanwa, P.O- Saunaha, P.S- Palanwa, District-
East Champaran, Motihari.
8. Chaukat Mukhiya @ Chaukat Bin, Son of Late Bharat Mukhiya @ Bharat
Bin Resident of village- Sidpur, P.S- Palanwa Jagdhar, District- East
Champaran, Motihari.
9. Mandhan Mukhiya, Son of Prakash Mukhiya Resident of village- Sidpur,
P.S- Palanwa Jagdhar, District- East Champaran, Motihari.
10. Ajay Sah, Son of Amar Sah Resident of village- Kanana, P.O.- Harnahi, P.S.-
Raxual, District East Champaran, Motihari.
11. Amar Sah, Son of late Raja Sah Resident of village- Kanana, P.O.- Harnahi,
P.S.-Raxual, District East Champaran, Motihari.
12. Achhelal Sah, Son of Prem Sah Resident of village- Kanana, P.O.- Harnahi,
P.S.-Raxual, District East Champaran, Motihari.
13. Satyanarayan Sah, Son of Malgujar Sah Resident of village- Kanana, P.O.-
Harnahi, P.S.-Raxual, District East Champaran, Motihari.
14. Chhotelal Sah, Son of Prem Sah Resident of village- Kanana, P.O.- Harnahi,
P.S.-Raxual, District East Champaran, Motihari.
15. Prem Sah, Son of Raja Sah Resident of village- Kanana, P.O.- Harnahi, P.S.-
Raxual, District East Champaran, Motihari.
16. Om Kumar, Son of Chhotelal Sah Resident of village- Kanana, P.O.-
Harnahi, P.S.-Raxual, District East Champaran, Motihari.
17. Jiyalal Sah, Son of Prem Sah Resident of village- Kanana, P.O.- Harnahi,
P.S.-Raxual, District East Champaran, Motihari.
18. Munna Sahni, Son of Ramadhar Sahni Resident of village- Pipriya, P.S.-
Purandra, P.S.-Raxaul, District- East Champaran, Motihari.
19. Ramadhar Sahni, Son of Late Banshi Sahni Resident of village- Pipriya,
Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025
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P.S.-Purandra, P.S.-Raxaul, District- East Champaran, Motihari.
20. Prakash Mukhiya, Son of Chaukat Mukhiya, Resident of village- Singhpur,
P.O.-Palanwa, P.S.- Raxaul, District- East Champaran, Motihari.
21. Sahdeo Sah, Son of Late Baiynath Sah, Resident of village- Bari Dhaka,
P.O.- Palanwa Jagdhar, P.S.- Raxaul, District- East Champaran, Motihari.
22. Jhuna Kumar, Son of Ramadhar Sahni, Resident of village- Pipariya, P.O.-
Purnadra, P.S- Raxaul, District- East Champaran, Motihari.
23. Abhay Kumar Sahni, Son of Rammwatar Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
24. Guljar Sahni, Son of late Ramanand Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
25. Dhurendra Sahni, Son of Late Dhodha Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
26. Tunni Kumar Sahni, Son of Dhurendra Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
27. Raju Kumar Sahni, Son of Dhurendra Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
28. Manish Sahni, Son of Prithvi Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East Champaran,
Motihari.
29. Jagdish Sahni, Son of Late Gopal Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East Champaran,
Motihari.
30. Prithvi Sahni, Son of Late Gorakh Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East Champaran,
Motihari.
31. Nagendra Sahni, Son of Late Dhodha Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
32. Heeraman Sahni, Son of Late Dhodha Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
33. Ramawatar Sahni, Son of Late Subba Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
34. Punam Kumar, Wife of Hariom Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
35. Prabhawati Devi, Wife of Nawal Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
36. Radhika Devi, Wife of Kanhaiya Mukhiya Resident of village and P.O.-
Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025
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Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
37. Umesh Kumar Mukhiya, Son of Birbal Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
38. Nawal Mukhiya, Son of Late Rajbir Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
39. Nathu Mukhiya, Son of Bhukhal Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
40. Mauj Mukhiya, Son of Late Chaukat Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
41. Deenanath Mukhiya, Son of Late Heeraman Mukhiya Resident of village
and P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
42. Ajay Kumar Mukhiya, Son of Bhuar Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
43. Rajkumari Devi, Wife of Pramod Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
44. Most. Ramshakhi Devi, Wife of Late Heera Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
45. Sandesh Mukhiya, Son of Dhawal Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
46. Kanhaiya Mukhiya, Son of Late Harishankar Mukhiya Resident of village
and P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
47. Nandlal Mukhiya, Son of Bikram Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
48. Pramod Mukhiya, Son of Late Lalan Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
49. Most. Suryakali Devi, Wife of Late Mohar Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
50. Prabhu Mukhiya, Son of Late Panipat Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
51. Chandrawati Devi, Wife of Heeralal Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
52. Bhuar Mukhiya, Son of Late Kanchan Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
53. Birbal Mukhiya, Son of Late Husaini Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
54. Santosh Mukhiya, Son of Late Shankar Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
55. Ramsagar Mukhiya, Son of Late Sheonarain Mukhiya Resident of village
and P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
56. Khushabu Devi, Wife of Dhananjay Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
57. Indu Devi, Wife of Shri Niwas Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
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58. Dinesh Mukhiya, Son of Late Heeraman Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
59. Nawal Mukhiya, Son of Late Gajbir Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
60. Most. Gayatri Devi, Wife of Late Rawal Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
61. Parambal Mukhiya, Son of Late Dali Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
62. Smt. Devi, Wife of Ramparat Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
63. Sudama Mukhiya, Son of Chandrika Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
64. Manoj Mukhiya, Son of Ramdeo Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
65. Bhukhal Mukhiya, Son of Late Rajdeo Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
66. Most. Kalawati Devi, Wife of Late Ram Ayodhya Mukhiya Resident of
village and P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
67. Most. Phulena Devi, Wife of Late Shankar Mukhiya Resident of village and
P.O.- Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
68. Rakesh Mukhiya, Son of Late Kawal Mukhiya Resident of village and P.O.-
Jokiyari, P.S.-Raxaul, District- East Champaran, Motihari.
69. Basudeo Sahni, Son of Late Heer Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
70. Ajay Sahni, Son of Late Bikram Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
71. Gajendra Sahni, Son of Bihari Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
72. Bhikhari Sahni, Son of Hawendal Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
73. Janak Sahni, Son of Hawendal Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
74. Ramnarayan Sahni, Son of Late Madan Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
75. Khublal Sahni, Son of Late Sita Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
76. Sikandra Sahni, Son of Hawendal Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
77. Mukhalal Sahni, Son of Late Sita Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
78. Satyendra Sahni, Son of Rajendra Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
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79. Chandeshwar Sahni, Son of Late Subba Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
80. Satyapal Sahni, Son of Lae Makhan Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
81. Chandeshwar Sahni, Son of Dhurv Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
82. Teja Sahni, Son of Late Makhan Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
83. Nandkishore Sahni, Son of Moti Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
84. Arvind Sahni, Son of Teja Sahni Resident of village- Lachhumanwa, P.O.-
Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
85. Adalat Sahni, Son of late Ramsanhi Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
86. Dhurv Sahni, Son of Late Dhodha Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
87. Dewki Sahni, Son of Late Ramsanhi Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
88. Chunni Sahni, Son of Dewki Sahni Resident of village- Lachhumanwa, P.O.-
Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
89. Jagwali Sahni, Son of Late Armochan Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
90. Chhabilal Sahni, Son of Jay Kishun Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
91. Kamlesh Kumr, Son of Late Sheonath Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
92. Ramprit Sahni, Son of Late Rajan Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
93. Gopinath Sahni, Son of Kailash Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
94. Raban Sahni, Son of Late Sita Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
95. Baliram Sahni, Son of Moti Sahni Resident of village- Lachhumanwa, P.O.-
Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
96. Parshuram Sahni, Son of Moti Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
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97. Rameshwar Sahni, Son of Ramadhar Sahni Resident of village-
Lachhumanwa, P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran,
Motihari.
98. Anirudh Sahni, Son of Prithivi Sahni Resident of village- Lachhumanwa,
P.O.-Lakshmipur, P.S.- Raxaul, District- East Champaran, Motihari.
99. Poshan Sahni, Son of Late Langtu Sahni, Resident of village- Parsawa, P.O.-
Melahi, P.S-Raxaul, District- East Champaran, Motihari.
100 Ramashish Sah, Son of Kari Sah, Resident of village- Bari Tola, P.O.-
. Palanwa Jagdhar, P.S.- Raxaul, District- East Champaran, Motihari.
101 Raju Kumar, Son of Chandeshwar Sahni, Resident of village-
. Lachhumanwa, P.O.-Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 14091 of 2023
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1. Lakhichand Sahni Son of Brahmbhadev Sahni Resident of Village-
Lachhumanwa, P.O.- Saunaha, P.S.- Palanwa, Distt.- East Champaran,
Motihari.
2. Raxaul Prakhand Matsyajivi Sahyog Samiti Ltd., through its Secretary
Lakhichand Sahni (Male) aged about 56 years Son of Brahmbhadev Sahni,
resident of Village- Lachhumanwa, P.O.- Saunaha, P.S.- Palanwa, Distt.-
East Champaran, Motihari.
... ... petitioners /s
Versus
1. The State of Bihar through the Principal Secretary, Animal Husbandry and
Fish Resources Department, Bihar, Patna.
2. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
3. The Collector, East Champaran, Motihari.
4. The Director, Fisheries Department, Bihar, Patna.
5. The Deputy Director, Tirhut Division, Muzaffarpur.
6. The District Fisheries Officer-cum-Chief Executive Officer, East
Champaran, Motihari.
7. Chaukat Mukhiya @ Chaukat Bin, Son of Late Bharat Mukhiya @ Bharat
Bin Resident of village- Sidpur, P.S- Palanwa Jagdhar, District- East
Champaran, Motihari.
8. Mandhan Mukhiya, Son of Prakash Mukhiya Resident of village- Sidpur,
P.S- Palanwa Jagdhar, District- East Champaran, Motihari.
9. Ajay Sah, Son of Amar Sah Resident of village- Kanana, P.O.-Harnahi, P.S-
Raxaul, District- East Champaran, Motihari.
10. Amar Sah, Son of Late Raja Sah Resident of village- Kanana, P.O.-Harnahi,
P.S- Raxaul, District- East Champaran, Motihari.
Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025
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11. Achhelal Sah, Son of Prem Sah Resident of village- Kanana, P.O.-Harnahi,
P.S- Raxaul, District- East Champaran, Motihari.
12. Satyanarayan Sah, Son of Malgujar Sah Resident of village- Kanana, P.O.-
Harnahi, P.S- Raxaul, District- East Champaran, Motihari.
13. Chhotelal Sah, Son of Prem Sah Resident of village- Kanana, P.O.-Harnahi,
P.S- Raxaul, District- East Champaran, Motihari.
14. Prem Sah, Son of Raja Sah Resident of village- Kanana, P.O.-Harnahi, P.S-
Raxaul, District- East Champaran, Motihari.
15. Om Kumar, Son of Chhotelal Sah Resident of village- Kanana, P.O.-
Harnahi, P.S- Raxaul, District- East Champaran, Motihari.
16. Jiyalal Sah, Son of Prem Sah Resident of village- Kanana, P.O.-Harnahi,
P.S- Raxaul, District- East Champaran, Motihari.
17. Munna Sahni, Son of Ramadhar Sahni Resident of village Pipriya, P.S.-
Purandra, P.S.-Raxaul, District- East Champaran, Motihari.
18. Ramadhar Sahni, Son of Late Banshi Sahni Resident of village Pipriya, P.S.-
Purandra, P.S.-Raxaul, District- East Champaran, Motihari.
19. Prakash Mukhiya, Son of Chaukat Mukhiya, Resident of village- Singhpur,
P.O- Palanwa, P.S- Raxaul, District- East Champaran, Motihari.
20. Sahdeo Sah, Son of Late Baiynath Sah, Resident of village- Bari Dhaka,
P.O.- Palanwa Jagdhar, P.S- Raxaul, District- East Champaran, Motihari.
21. Jhuna Kumar, Son of Ramadhar Sahni, Resident of village- Pipariya, P.O.-
Pornadra, P.S- Raxaul, District- East Champaran, Motihari.
22. Abhay Kumar Sahni, Son of Rammwatar Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East
Champaran, Motihari.
23. Guljar Sahni, Son of Late Ramanand Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East
Champaran, Motihari.
24. Dhurendra Sahni, Son of Late Dhodha Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East
Champaran, Motihari.
25. Tunni Kumar Sahni, Son of Dhurendra Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East
Champaran, Motihari.
26. Raju Kumar Sahni, Son of Dhurendra Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East
Champaran, Motihari.
27. Manish Sahni, Son of Prithvi Sahni Resident of village- Lachhumanwa, P.O-
Lakshmipur Lachhumanwa, P.S- Raxaul, District- East Champaran,
Motihari.
28. Jagdish Sahni, Son of Late Gopal Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East Champaran,
Motihari.
29. Prithvi Sahni, Son of late Gorakh Sahni Resident of village- Lachhumanwa,
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P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East Champaran,
Motihari.
30. Nagendra Sahni, Son of Late Dhodha Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East
Champaran, Motihari.
31. Heeraman Sahni, Son of Late Dhodha Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East
Champaran, Motihari.
32. Ramawatar Sahni, Son of Late Subba Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur Lachhumanwa, P.S- Raxaul, District- East
Champaran, Motihari.
33. Punam Kumar, Wife of Hariom Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
34. Prabhawati Devi, Wife of Nawal Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
35. Radhika Devi, Wife of Kanhaiya Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
36. Umesh Kumar Mukhiya, Son of Birbal Mukhiya Resident of village and
P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
37. Nawal Mukhiya, Son of late Rajbir Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
38. Nathu Mukhiya, Son of Bhukhal Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
39. Mauj Mukhiya, Son of Late Chaukat Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
40. Deenanath Mukhiya, Son of Late Heeraman Mukhiya Resident of village
and P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
41. Ajay Kumar Mukhiya, Son of Bhuar Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
42. Rajkumari Devi, Wife of Pramod Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
43. Most. Ramshakhi Devi, Wife of Late Heera Mukhiya Resident of village and
P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
44. Sandesh Mukhiya, Son of Dhawal Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
45. Kanhaiya Mukhiya, Son of Late Harishankar Mukhiya Resident of village
and P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
46. Nandlal Mukhiya, Son of Bikram Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
47. Pramod Mukhiya, Son of Late Lalan Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
48. Most. Suryakali Devi, Wife of Late Mohar Mukhiya Resident of village and
P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
49. Prabhu Mukhiya, Son of late Panipat Mukhiya Resident of village and P.O-
Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025
9/23
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
50. Chandrawati Devi, Wife of Heeralal Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
51. Bhuar Mukhiya, Son of Late Kanchan Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
52. Birbal Mukhiya, Son of Late Husaini Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
53. Santosh Mukhiya, Son of late Shankar Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
54. Ramsagar Mukhiya, Son of Late Sheonarain Mukhiya Resident of village
and P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
55. Khushabu Devi, Wife of Dhananjay Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
56. Indu Devi, Wife of Shri Niwas Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
57. Dinesh Mukhiya, Son of Late Heeraman Mukhiya Resident of village and
P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
58. Nawal Mukhiya, Son of Late Gajbir Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
59. Most. Gayatri Devi, Wife of Late Rawal Mukhiya Resident of village and
P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
60. Parambal Mukhiya, Son of Late Dali Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
61. Smt. Devi, Wife of Ramparat Mukhiya Resident of village and P.O- Jokiyari,
P.S-Raxaul, District- East Champaran, Motihari.
62. Sudama Mukhiya, Son of Chandrika Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
63. Manoj Mukhiya, Son of Ramdeo Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
64. Bhukhal Mukhiya, Son of Late Rajdeo Mukhiya Resident of village and
P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
65. Most. Kalawati Devi, Wife of Late Ram Ayodhya Mukhiya Resident of
village and P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
66. Most. Phulena Devi, Wife of Late Shankar Mukhiya Resident of village and
P.O- Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
67. Rakesh Mukhiya, Son of late Kawal Mukhiya Resident of village and P.O-
Jokiyari, P.S-Raxaul, District- East Champaran, Motihari.
68. Basudeo Sahni, Son of Late Heer Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
69. Ajay Sahni, Son of late Bikram Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
70. Gajendra Sahni, Son of Bihari Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025
10/23
71. Bhikhari Sahni, Son of Hawendal Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
72. Janak Sahni, Son of Hawendal Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
73. Ramnarayan Sahni, Son of Late Madan Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
74. Khublal Sahni, Son of Late Sita Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
75. Sikandra Sahni, Son of Hawendal Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
76. Mukhalal Sahni, Son of late Sita Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
77. Satyendra Sahni, Son of Rajendra Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
78. Chandeshwar Sahni, Son of Late Subba Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
79. Satyapal Sahni, Son of Late Makhan Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
80. Chandeshwar Sahni, Son of Dhurv Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
81. Teja Sahni, Son of Late Makhan Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
82. Nandkishore Sahni, Son of Moti Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
83. Arvind Sahni, Son of Teja Sahni Resident of village- Lachhumanwa, P.O-
Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
84. Adalat Sahni, Son of Late Ramsanhi Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
85. Dhurv Sahni, Son of Late Dhodha Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
86. Dewki Sahni, Son of Late Ramsanhi Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
87. Chunni Sahni, Son of Dewki Sahni Resident of village- Lachhumanwa, P.O-
Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
88. Jagwali Sahni, Son of Late Armochan Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
89. Chhabilal Sahni, Son of Jay Kishun Sahni Resident of village-
Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025
11/23
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
90. Kamlesh Kumr, Son of Late Sheonath Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
91. Ramprit Sahni, Son of Late Rajan Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
92. Gopinath Sahni, Son of Kailash Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
93. Raban Sahni, Son of Late Sita Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
94. Baliram Sahni, Son of Moti Sahni Resident of village- Lachhumanwa, P.O-
Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
95. Parshuram Sahni, Son of Moti Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
96. Rameshwar Sahni, Son of Ramadhar Sahni Resident of village-
Lachhumanwa, P.O-Lakshmipur, P.S- Raxaul, District- East Champaran,
Motihari.
97. Anirudh Sahni, Son of Prithivi Sahni Resident of village- Lachhumanwa,
P.O-Lakshmipur, P.S- Raxaul, District- East Champaran, Motihari.
98. Poshan Sahni, Son of Late Langtu Sahni, Resident of village- Parsawa, P.O-
Melahi, P.S- Raxaul, District- East Champaran, Motihari.
99. Ramashish Sah, Son of Kari Sah, Resident of village- Bari Tola, P.O-
Palanwa Jagdhar, P.S- Raxaul, District- East Champaran, Motihari.
100 Raju Kumar, Son of Chandeshwar Sahni Resident of Village-
. Lachhumanwa, P.O.- Lakshmipur Lachhumanwa, P.S.- Raxaul, District- East
Champaran, Motihari.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 14622 of 2023)
For the petitioners /s : Ms. Mahasweta Chatterjee, Adv.
Mr. Samir Kumar Sinha, Adv.
For the Respondent/s : Mr. Rishi Raj Sinha (SC-19)
(In Civil Writ Jurisdiction Case No. 14091 of 2023)
For the petitioners /s : Mr. Basant Kumar Chaudhary, Sr. Adv.
Mr. Ram Nibash Prasad, Adv.
For the Respondent/s : Mr. Rishi Raj Sinha (SC-19)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 16-01-20251. Heard learned counsel for the petitioners Ms. Mahasweta Chatterjee, learned AC to SC 19 and the learned Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 12/23 counsel appearing on behalf of the private respondents.
2. The learned counsel for the petitioners submits that the instant writ application has been filed for quashing the order dated 05.09.2023 passed by the Divisional Commissioner, Tirhut Division, Muzaffarpur (respondent no.2), in Sairat Appeal Case No.251/2023 (Annexure-8), whereby the respondent no.2 has cancelled the settlement of 58 fish jalkars settled with the Raxaul Prakhand Matsyajivi Sahyog Samiti Ltd. (hereinafter referred as the Society) by an order dated 08.07.2023 (Annexure-4), issued by the District Fisheries Officer, East Champaran, Motihari (respondent no.6) and also directed to settle all the 58 jalkars afresh through limited bid under section 7(ix) of the Bihar Fish Jalkar Management Act, 2006 (hereinafter referred as 2006 Act), further for a direction upon the respondent no.6 not to conduct any limited bid for settling of jalkars in compliance of the order of the respondent no.2.
3. The learned counsel for the petitioners submits that petitioner no.1 is the elected Secretary/Treasurer of the Managing Committee of the Society and petitioners no.2 is Block level Fisherman Co-operative Society registered under the provision of the Bihar Coo-operative Act, 1935 (hereinafter Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 13/23 referred as the 1935 Act). The operational area of the society is whole of Raxaul Block within the district of East Champaran.
4. It is submitted that the election of the Managing Committee of the Samiti was held in the year 2017 and the term of the Managing Committee expired after five years i.e. in the year 2022 but due to unavoidable reason, the election of the Managing Committee of the society could not be conducted in the year 2022, hence an administrator was appointed, but fresh election of the Managing Committee of the society was held on 08.06.2023, as would manifest from Annexure-1.
5. The learned counsel for the petitioners further submits that petitioner no.1, being Secretary of the Managing Committee went to meet the D.F.O. (respondent no.6) for seeking settlement of jalkars, in terms of Section 7(iii) (a)(b)(c) and (d) of the Bihar Fish Jalkar Management Act, 2006 (hereinafter referred as the 2006 Act), with all the relevant documents. It is next submitted that the District Fisheries Officer, East Champaran, Motihari (hereinafter referred as the D.F.O.) vide his letter no.634 dated 13.06.2023 (Annexure-2) directed the petitioners to file an application with required documents before the Collector, East Champaran, Motihari for seeking approval on ground of delay.
Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 14/23
6. It is submitted that the petitioner no.1, after receiving letter dated 13.06.2023, convened a meeting on 28.06.2023, after making necessary correspondence with the members of the society, seeking their willingness to take settlement, thereafter, the Managing Committee of the society approved the distribution of jalkars amongst the member and submitted the application dated 05.07.2023 (Annexure-3 series) before the Collector (respondent no.3) for seeking approval for delayed settlement as per section 7(v) of the 2006 Act, on the ground that Managing Committee was constituted on 08.06.2023.
7. It is submitted that the Collector sent the application dated 05.07.2023 to the D.F.O. and the D.F.O. vide his letter no.699 dated 08.07.2023 (Annexure-4) settled all the 58 jalkars within the operational area of petitioners no.2 society from 01.07.2023 to 30.06.2028.
8. It is submitted that the D.F.O. settled all the 58 jalkars by his order dated 08.07.2023 only after he received the application dated 05.07.2023 from the Collector's office. It is next submitted that after the settlement was made by an order dated 08.07.2023, the petitioners deposited the entire amount of revenue for one settlement year i.e. 2023-2024 (01.07.2023 to Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 15/23 30.06.2024) amounting to Rs. 593785/- in the Bank account of D.F.O., as would manifest from receipt dated 14.07.2023 (Annexure-5), thereafter the D.F.O. issued money receipt dated 21.07.2023 (Annexure-6) in the name of petitioner no.1.
9. It is submitted that petitioner no.1, as per the approved distribution list of the jalkars dated 28.06.2023, issued Patta in favour of the members and the members came in possession of their respective jalkars and spent huge amount of money in cleaning the jalkars and putting fish seeds.
10. It is submitted that 94 aggrieved members of the society filed Sairat Appeal Case No.251/2023 before the respondent no.2 for cancelling the settlement order dated 08.07.2023 (Annexure-4) issued by the respondent no.6. The society and others appeared in Sairat Appeal Case No.251/2023 but the respondent no.2 without appreciating the fact of the case in its correct perspective, cancelled the settlement order dated 08.07.2023 by his order dated 05.09.2023 (Annexure-7), which is impugned in the instant writ application, on the ground that the same was in violation of Section 7(v) of the 2006 Act and directed the D.F.O. to settle all the jalkars through limited bid.
11. The learned counsel for the petitioners submits that respondent no.2, while allowing Sairat Appeal Case Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 16/23 No.251/2023 was of the view that the D.F.O. does not have the power to settle the jalkars after 15th June, without obtaining the approval of the Collector and since D.F.O. did not seek approval of the Collector before issuing order dated 08.07.2023, hence his order was bad and thus directed to settle the jalkars through open limited bid in terms of Section 7 (ix) of the 2006 Act.
12. The learned counsel for the petitioners further submits that from perusal of section 7(ix) of the 2006 Act, it would manifest that the same incorporates that the settlement of jalkars through limited bid of the share of the jalkars can be made of disqualified society only but then it is submitted that the society of the petitioner no.1 is not a disqualified society nor has been declared disqualified, as such, limited bid cannot be conducted to the deteriment of poor member of the society, as such that part of the order is fit to be set aside. It is further submitted that I.A. No.1/2024 has been filed for quashing the bid notice dated 01.11.2023, contained in Memo No.1306 (Annexure-8), issued by the respondent no.6 for settling all the 58 jalkars of the block through limited bid, in compliance of the order passed by the Commissioner in Sairat Appeal Case No.251/2023 and the date for the bid has been fixed as 28.11.2023 and limited bid of four jalkars was completed on Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 17/23 28.11.2023 itself at 1.39 P.M. and thereafter the order dated 28.11.2023 in the instant writ application was passed by this court staying the operation of the order dated 05.09.2023 passed by the respondent no.2. The I.A. No.1/2024 is allowed for being considered.
13. The learned counsel appearing on behalf of the respondent no.17, 32 and 86 submits that a counter affidavit on behalf of the aforesaid private respondents have been filed on 09.02.2024. The learned counsel for the private respondents further submits that the writ petition is not maintainable. It is next submitted that Section 7(iv) of the 2006 Act incorporates that process of settlement starts before 31st March and in terms of Section 7(v) of the 2006 Act, the society will submit application for settlement of jalkars before 30th April but in special circumstances for reasons to be recorded in writing that Collector may give direction to the D.F.O. to receive application for settlement of jalkars from the society by 31st May. It is next submitted that since the society of the petitioners was not in existence, as such, the petitioners society is not liable for settlement of jalkars in terms of Section 7 (iv) and (v) of the 2006 Act. The said submission of the learned counsel appearing on behalf of the private respondents is rebutted by the learned Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 18/23 counsel appearing on behalf of the petitioners and it is submitted that the respondent no.2 has not set aside the order of settlement on the aforesaid ground as raised in the counter affidavit filed by the private respondents. It is also submitted that it is an admitted fact that the election of the society of the petitioners was conducted on 08.06.2023, as such, the society could not have approached the D.F.O. or the Collector prior to that date. It is next submitted that Section 7(v) of the 2006 Act does not contemplate a situation where elections have been held after 31 st May. It is thus submitted that once the Managing Committee of the society has been constituted after 31st May for no fault of their in that event they are entitled for settlement of jalkars after seeking approval of the District Magistrate of the concerned district. It is further submitted that after Managing Committee of the society was constituted, they first approached the D.F.O. and the D.F.O. asked them to seek permission of the Collector for settlement of jalkars, accordingly, the petitioners no.1 filed an application before the Collector of the district on 05.07.2023 and it was only when the application of the petitioners was sent to the office of the D.F.O. that the jalkars came to be settled with the society and thereafter as per the approved distribution list, the jalkars were distributed amongst the members. The learned Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 19/23 counsel for the petitioners reiterates and submits that the ground raised in the counter affidavit for assailing the order of the Commissioner is not an issue in the order passed by the Commissioner.
14. The learned counsel appearing on behalf of the private respondents next submits that in terms of Section 7 (vii) of the 2006 Act, the D.F.O. has the power to settle jalkars before 15th June and after 15th June, the settlement would be made after prior approval of the Collector, hence Section 7(iv) and (vii) of the 2006 Act have been breached, hence the order of respondent no.2 impugned in the instant writ application is in accordance with the law.
15. The learned counsel appearing on behalf of the petitioners vehemently rebuts the submission made by the learned counsel appearing on behalf of the private respondents and submits that earlier it was submitted that after 31 st May, the jalkars cannot be settled and in the second leg of argument it is being submitted that the jalkars can be settled after 15 th June by the D.F.O. but after seeking prior approval of the Collector, as such, the submission appears to be dichotomic.
16. The learned counsel appearing on behalf of the petitioners further submits that it is not in dispute that earlier the Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 20/23 election of the Managing Committee was held in the year 2017 and the term of the Managing Committee came to an end in the year 2022 and it was for the authorities to ensure that election of the Managing Committee of the petitioner no.2 is conducted in time but then for reasons best known to the authorities, the elections were not conducted in time and an administrator was appointed but thereafter the elections were held and the Managing Committee was constituted on 08.06.2023, as such, the petitioners are not at fault at any stage and it was only when the Managing Committee was constituted the process for seeking settlement of the jalkars was initiated by the Managing Committee. The learned counsel for the petitioners next submits that even the counter affidavit filed on behalf of the respondent no.3, 5 and 6 does not even remotely suggest that the settlement was made without seeking approval of the Collector.
17. At this stage, learned counsel appearing on behalf of the private respondents submits that approved distribution list of the jalkars was a farce, as 94 members of the society were deprived of their claim, for being considered, for settlement of jalkars. It is further submitted that it does not appear probable that on 08.06.2023, the Managing Committee was constituted and thereafter, they went to the D.F.O., seeking settlement but Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 21/23 they were informed by letter dated 13.06.2023 to seek approval of the Collector, based on which, a meeting is said to be convened on 28.06.2023, wherein the distribution list of the jalkars was approved after consulting the members. It is submitted that private respondents never received any communication from the Managing Committee of the society seeking their willingness whether they are interested in seeking settlement of jalkars or not but then the learned counsel appearing on behalf of the private respondents fairly submits that the society of the petitioners was not disqualified in any manner, on which, the learned counsel appearing on behalf of the petitioners submits that since it is an accepted fact that society of the petitioners was not a disqualified, as such, the part of the order passed by the Commissioner directing the D.F.O. to settle the jalkars through limited bid becomes bad.
18. The learned counsel appearing on behalf of the petitioners fairly submits that the petitioners society will have no issue, in the event, if the order of settlement issued by the D.F.O. dated 08.07.2023 is set aside and a direction is given to the authority to settle the jalkars afresh in accordance with law.
19. After hearing the learned counsel for the parties and taking into account their submission, as recorded Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 22/23 hereinabove, it becomes clear that the order of the Commissioner, Tirhut Division, Muzaffarpur dated 05.09.2023 in Sairat Appeal Case No.251/2023 cannot be sustained, for the reason that the society of the petitioners was not a disqualified society nor in the counter affidavit filed on behalf of respondent no.3, 5 and 6, it has been remotely suggested that the settlement made by the D.F.O. of the jalkars in favour of the society by its order dated 08.07.2023 was without seeking approval of the Collector but then the submission made on behalf of the private respondents also cannot be ignored to the extent that the approved distribution list of the members was not made in accordance with the provision of 2006 Act, as such, the order passed by the Commissioner, Tirhut Division, Muzaffarpur dated 05.09.2023 in Sairat Appeal Case No. 251/2023 and the order passed by the D.F.O. dated 08.07.2023 are hereby quashed and accordingly the writ petition is disposed of.
20. However, it is made clear that the Managing Committee of the society would be free to approach the authority, in accordance with law, for seeking fresh settlement of jalkars in terms as envisaged under 2006 Act.
21. The Court expects that this time the Managing Committee shall prepare the approved distribution list of its Patna High Court CWJC No.14622 of 2023(6) dt.16-01-2025 23/23 member fairly.
(Satyavrat Verma, J) amit/-
U T