Manjay Sahani @ Mithu Sahani vs The State Of Bihar
2023 Latest Caselaw 2976 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2527 of 2023
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Manjay Sahani @ Mithu Sahani, S/o Late Satyanarayan Sahani, Resident of Village-Bhaluahi, Kadamwa Tola P.S.-Ghora Sahan, District-East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna.

2. The Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, New Secretariat Building, Bailey Road, Patna.

3. The Director, Fisheries, Government of Bihar, Old Secretariat Building, Patna.

4. The Deputy Director, Fisheries, Government of Bihar, Old Secretariat Building, Patna.

5. The District Magistrate, East Champaran, Motihari.

6. The District Co-operative Officer, East Champaran, Motihari.

7. The District Fisheries Officer-Cum-Chief Executive Officer, East Champaran, Motihari.

8. The Block-Co-operative Extensin Officer-Cum-Administrator Ghorasahan Matasyajivi Sahyog Samiti Limited, Ghorasahan Block, District-East Champaran.

9. The Ghorasahan Matasyajivi Sahyog Samiti Limited, Ghorasahan Block, District-East Champaran.

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

For the Petitioner/s : Mr.Sanjay Kumar, Advocate For the Respondent/s : Mr.Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 12-07-2023 Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present writ petition has been filed for

cancellation of settlement of jalkar falls under the Ghorasahan Patna High Court CWJC No.2527 of 2023 dt.12-07-2023

Matasyajivi Sahyog Samiti Limited, Block - Ghorasahan,

District - East Champaran which has alleged to be settled to the

several 'Gair Machhua'. Therefore, the petitioner seeks the writ

of mandamus to make a settlement of jalkar in accordance with

the law.

3. Learned counsel for the petitioner submits that the

present dispute is fully covered under the Bihar Fish Jalkar

Management Act, 2006 with the latest amendment. He further

submits that the said Act become operative by virtue of Bihar

Act 13 of 2006 which was subsequently amended in 2010 and

again in 2018 by virtue of Bihar Act No. 20 of 2010 and Act 12

of 2018 respectively. He further submits that under this Rule

there are grievances redressal forum which has been described

in Section 14 of the Act. According to this an appeal against all

decisions regarding short-term settlement taken by District

Fisheries Officer and Deputy Director may be filed before the

Divisional Commissioner. Here, in the present case, the

settlement is a short-term settlement as admitted by both parties.

4. In this view of the matter, the real remedies lie to

the petitioner before the Divisional Commissioner and not

directly before this Court.

5. As such, the writ petition stands disposed of with Patna High Court CWJC No.2527 of 2023 dt.12-07-2023

liberty to the petitioner to approach the Divisional

Commissioner concerned along with a copy of this order for

redressal of his grievances.

(Dr. Anshuman, J)

Ashwini/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.07.2023
Transmission Date       NA