Ram Pramod Sahni vs The State Of Bihar
2023 Latest Caselaw 4063 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.9980 of 2023
     ======================================================

Ram Pramod Sahni, Son of Late Baliram Sahni, Resident of Village Bokhra, P.S. Nanpur, District- Sitamarhi.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Animal Husbandry and Fisheries Resources Department, Govt. of Bihar, Patna.

2. The Director, Fisheries Directorate, Bihar, Patna.

3. The District Magistrate, Sitamarhi.

4. The District Fisheries Officer, Sitamarhi.

5. The Dy. Director, Fisheries, Tirhut Pramanddal, Muzaffarpur.

6. The Dy. Director, Fisheries, Head Quarter, Bihar, Patna.

7. Sunaina Devi Wife of Sri Ganesh Sahni, Resident of village Kurha, P.O.

Dhadhi, P.S Nanpur, District Sitamarhi, Pin 843333, presently Ex-Member- cum-Cashier, Bokhra Block Fisheries Co-operative Societies Ltd., P.S. Nanpur, District Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :       Mr. Basant Kumar Chaudhary, Sr. Advocate
                                    Mr.Arvind Kumar, Advocate
     For the                :       Mr. Mukul Prasad, AC to GP-18

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 25-08-2023

Heard learned Sr. Counsel for the petitioner and

learned counsel for the State.

2. The present application has been filed for quashing

of Memo No. 384 dated 14.06.2023 issued by the District

Fisheries Officer-cum-Chief Executive Officer, Sitamarhi, Patna High Court CWJC No.9980 of 2023 dt.25-08-2023

whereby sairats (jalkar) of Bikhra Block Fisheries Co-operative

Society has been settled with respondent No.7 whose primary

membership has already been cancelled and challenge to

cancellation is pending before the Registrar, Co-operative

Societies, Patna, Bihar vide Dispute No.02/2023. Further prayer

has been made in this writ petition for quashing of letter no.252

dated 27.04.2023, whereby the District Fisheries Officer-cum-

Chief Executive Officer, Sitamarhi has rejected the applications

dated 24.04.2023 and 27.04.2023 without application of mind

and in a completed illegal manner.

3. Learned counsel for the State raised a preliminary

objection that any order passed by the District Fisheries Officer-

cum-Chief Executive Officer is appealable before the Divisional

Commissioner.

4. In response thereof, learned Sr. Counsel for the

petitioner submits by virtue of his acceptance at the bar that

once an appeal is preferred before the Divisional Commissioner,

it takes years and years for its disposal.

5. This Court is very serious of this issue and directs

the Divisional Commissioner concerned that once an appeal is

filed by the petitioner along with a copy of this order within four

weeks from today, he shall decide the same within 60 days from Patna High Court CWJC No.9980 of 2023 dt.25-08-2023

the date of appearance of the opponent in this Case. He is

further directed to immediately consider the interim application

within one week of its filing by the petitioner.

7. With this observation and direction, the writ

petition stands disposed of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          29.08.2023
Transmission Date       NA