Patna High Court - Orders
Mahnar Prakhand Matsyajivi Sahyog ... vs The State Of Bihar And Ors on 29 July, 2019
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4713 of 2019
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1. Mahnar Prakhand Matsyajivi Sahyog Samiti Ltd. and anr through its
Secretary Prem Nath Sahni (Male) aged about 36 years son of Shri
Bishwanath Sahni, R/o Village-Mahnar Ward No. 14, P.O. and P.S.-Mahnar,
Dist-Vaishali
2. Prem Nath Sahni Son of Shri Bishwanath Sahni R/o Village -Mahnar, Ward
No. 14, P.O. and P.s.-Mahnar, Distt - Vaishali
... ... Petitioners
Versus
1. The State of Bihar through the Principal Secretary, Animal Husbandry and
Fish Resources Department, Bihar, Patna
2. The Collector Vaishali
3. The Director Fisheries Department, Bihar, Patna
4. The District Fisheries Officer-cum-Chief Executive Officer Vaishali
5. The Circle Officer Mahnar, P.S. Mahnar, District Vaishali
... ... Respondents
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Appearance :
For the Petitioners : Mr. Ram Nibash Prasad
Mr.Mukesh Kumar
For the Respondents : Mr.Rishi Raj Sinha, SC-19
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
5 29-07-2019The petitioners have put to challenge an order, dated 30.12.2017, issued under the signature of the District Fisheries Officer-cum-Chief Executive Officer, Vaishali, whereby he has rejected a petition filed on behalf of the petitioner dated 03.08.2015 and has directed the petitioner No.2 to deposit the previous dues in respect of the jalkars for the years 2012-13 to 2016-17 as well as the current dues.
It is the petitioners' case that out of 14 jalkars, settled in favour of petitioner No.1, i.e., Mahnar Prakhand Matsyajivi Patna High Court CWJC No.4713 of 2019(5) dt.29-07-2019 2/3 Sahyog Samiti Ltd., three jakars were Parta (non-functional) and three not at all in existence and, therefore, the Samiti was not required to deposit revenue.
A counter affidavit has been filed on behalf of the respondent State of Bihar. It is evident from the pleadings that the settlement relates to the period 01.07.2012 to 30.06.2019, which period has already come to an end. It is the petitioners case, however, that they are being wrongly treated to be defaulters for having not paid revenue in respect of such jalkars also, which were not in existence.
In the counter affidavit, it has been stated that total 14 jalkars had been settled in favour of the petitioners' society for the period in question @ Rs.21,700/- per annum. It has further been stated that the said impugned order of the District Fisheries Officer, Vaishali, which has been passed in the light of an order of this Court, has taken care of all relevant aspects and accordingly revenue of only 11 jalkars have been demanded for the financial years 2015-16 to 2018-19 in place of revenue chargeable @ Rs.21,700/- and enhancement @ 5% per annum.
It is evident, thus, that the petitioners had to pay a revenue for 14 jalkars. The Court is unable to comprehend the circumstances in which the District Fisheries Officer has Patna High Court CWJC No.4713 of 2019(5) dt.29-07-2019 3/3 allowed the petitioners to pay revenue for 11 jalkars only for the period 2015-16 to 2018-19 when the settlement was from 2012- 13. Learned counsel appearing on behalf of the petitioners has submitted that the society had to pay for 14 jalkars in place of 11 jalkars though three jalkars were through out non- functional and no revenue was payable by the society for non- functional jalkars.
In the background of the facts and circumstances, this writ application is disposed of with a direction to the District Fisheries Officers to reconsider the petitioners' claim that they were not liable to pay revenue for 14 jalkars for the period 2012-13 to 2014-15. The said decision must be taken within one month from receipt/production of a copy of this order. The petitioners shall not be treated to be a defaulter till decision in this regard is taken by the District Fisheries Officer, Vaishali.
This writ application stands disposed of with aforesaid observation and direction.
(Chakradhari Sharan Singh, J) Pawan/-
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