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Patna High Court - Orders

Bihar Rajya Matsyajibi Sahakari Sangh ... vs The Union Of India on 7 July, 2022

Author: Sandeep Kumar

Bench: Sandeep Kumar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.9975 of 2020
                 ======================================================
           1.     Bihar Rajya Matsyajibi Sahakari Sangh Ltd. (COMFFED in short),
                  registered office at 1st Floor, Meen Bhawan, West Boaring Canal Road,
                  Patna-800023 through its Managing Director, Rishikesh Kashyap, aged
                  about 45 years, Son of Sri Jibachh Prasad Sahani, resident of Mohalla-
                  Shivaji Nagar, Post- Lalbagh, P.s.- Town and District- Darbhanga-846004
           2.    Rishikesh Kashyap @ Rishikesh Kashyap Nishad Son of Sri Jibachh Prasad
                 Sahani, resident of Mohalla- Shivaji Nagar, Post- Lalbagh, P.s.- Town and
                 District- Darbhanga-846004

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The Union of India through the Chairman, Ministry of Railway (Railway
                 Board) Rail Bhawan, Raisina Marg, New Delhi-11001
           2.    The General Manager East Central Railway, Hajipur, Vaishali
           3.    The Divisional Railway Manager (Engineering) East Central Railway,
                 Samastipur
           4.    The Central Registrar, Joint Secretary (Credit Co-operative), Room No.-224,
                 Department of Agriculture and Co-operative Ministry of Agriculture, Krishi
                 Bhawan, New Delhi-110001
           5.    The State of Bihar through the Principal Secretary, Co-operative department,
                 Bihar, patna
           6.    The Principal Secretary, Animal Husbandry and Fisheries Resources
                 Department, Bihar, Patna
           7.    The Registrar, Co-operative Societies, Bihar, Patna
           8.    The Director Fisheries, Directorate of Fisheries Bihar, Patna
           9.    The District fisheries Officer-cum-Chief Executive Officer, Madhubani
           10. The District Co-operative Officer, Madhubani
           11. The Assistant Registrar, Co-operative Socieites, Madhubani Anchal,
               Madhubani
           12. Gangesh Mukhiya Son of Rampratap Mukhiya, Resident of Village- hakdah,
               P.s.- Rajanagar, District- Madhubani-847211

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Krishna Kumar
                 For the Respondent/s   :      Dr. K. N. Singh ( ASG )
                 For the Railway        :      Mr. Anshay Bahadur Mathur Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   07-07-2022

Heard the parties.

Patna High Court CWJC No.9975 of 2020(4) dt.07-07-2022 2/2 Learned counsel for the petitioners says that a copy of the counter affidavit has not been served upon the petitioner.

Learned counsel for the Railway will serve a copy of the counter affidavit upon the petitioner.

By order dated 21.04.2022, the respondent no.12 was issued notice but respondent no. 12 has refused to accept notice. Notice has been validly served upon respondent no. 12 on refusal.

Put up this case after ten days for further hearing. During the pendency of the writ petition, respondent no. 12 is restrained from fishing activity in the pond in question which has been settled to the petitioner by the Railway.

The Local Police is directed to see that the order of this Court is not violated by respondent no. 12.

(Sandeep Kumar, J) BT/Shishir U