Ramesh Turha vs The State Of Bihar
2023 Latest Caselaw 4480 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12135 of 2023
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Ramesh Turha, S/o Late Sita Turha, Resident of Village- Patlar, P.O.- Sitapur, P.S.- Chautarwa, District- West Champaran, Bettiah.

... ... Petitioner/s Versus

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

2. The Bihar State Election Authority, Patna through the Chief Election Officer, 32, Harding Road, Patna - 80000.

3. The District Magistrate, West Champaran, Bettiah.

4. The Director Fisheries Department, Bihar, Patna.

5. The District Fisheries Officer-cum-Chief Executive Officer, West Champaran, Bettiah.

6. Bagaha-1 Prakhand Matsyajivi Sahyog Samiti Ltd, through its Administrator-cum-Block Co-operative Extension Officer, Bagaha, P.S.- Bagaha, District- West Champaran, Bettiah.

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

For the Petitioner/s : Ms. Mahasweta Chatterji, Advocate Mr.Ram Nibash Prasad, Advocate For the Respondent/s : Mr.Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL JUDGMENT Date : 11-09-2023 Heard learned counsel for the petitioner and learned

counsel for the State.

2. The present writ petition has been filed for

quashing the Bid Notice dated 24.07.2023 issued vide Memo

No. 1592 by respondent No.5, namely, the District Fisheries

Officer-cum-Chief Executive Officer, West Champaran, Bettiah,

as contained in Annexure-P/1 to the writ petition. Patna High Court CWJC No.12135 of 2023 dt.11-09-2023

3. Learned counsel for the petitioner submits that

issuance of the said notice of Bid has been made in gross

violation of law. According to the petitioner, the said Bid notice

has been issued under Section 8 of the Bihar Fish Jalkar

Management Act, 2006 (Bihar Act 13, 2006) (hereinafter

referred to as the Act of 2006'). She further submits that Section

8 of the Act of 2006 talks about the settlement of Jalkar by

limited Bid. According to the petitioner, applicability of Section

8 of the Act of 2006 shall arise only in a situation of

applicability of Section 7 (ix) of the Act of 2006 which talks

about the share of the Jalkars of disqualified societies of a block

shall be settled for five years by limited bid with the non -

defaulter members of that society residing in the same block

where the Jalkar is situated. But only one Jalkar shall be settled

with one person. Learned counsel for the petitioner further

submits that the petitioner is not a defaulter. In this regard, a

categorical statement has been made in paragraph 16 of the

petition in which it has also been stated that Jalkar situated

within the operational area of the society is to be settled with a

non-defaulter society and as such issuance of bid under Section

8 of the Act of 2006 is bad in law.

4. Learned counsel for the petitioner further placed Patna High Court CWJC No.12135 of 2023 dt.11-09-2023

Annexure P/5 which is a letter issued by the Secretary, Bihar

State Election Authority (Annxure P/5 to the writ petition)(page

-33 of the writ petition) and submits that during the election

period, the decision with respect to the settlement of Jalkar shall

affect the election and, therefore, a restriction has been imposed

for taking a decision on the settlement of Jalkar. Learned

counsel for the petitioner also submits that about 23 Jalkars have

already been allotted during the pendency of the writ petition.

5. Learned counsel for the State submits that the

decision of issuance of Bid notice has been made by the

Fisheries officials and under Section 14 of the Act of 2006, an

appeal should have been preferred against the decision

regarding the continuation of settlement by the District Fisheries

Officer before the Divisional Commissioner.

6. In view of this Court, the issuance of notice

subsequently, resulted in settlement of the Jalkars ought to have

been challenged by the petitioner before the Divisional

Commissioner itself.

7. But considering the question raised by the

petitioner, i.e. applicability of Section 8 of the Act of 2006

ignoring the provision of Section 7(ix) of the Act of 2006 as

well as ignoring the letter issued by the Secretary, Bihar State Patna High Court CWJC No.12135 of 2023 dt.11-09-2023

Election Authority (Annxure P/5 to the writ petition), this Court

hereby stayed the process of Bid Notice dated 24.07.2023 issued

vide Memo No. 1592 by respondent No.5, namely, the District

Fisheries Officer-cum-Chief Executive Officer, West

Champaran, Bettiah, as contained in Annexure-P/1 and directs

the petitioner to prefer appeal against the order under challenge

before the Divisional Commissioner, Tirhut Division, within

two weeks whereupon the Divisional Commissioner is directed

to decide the same within 30 days from the date of appearance

of all the concerned.

8. This Court, in view of the submission made by

learned counsel for the petitioner to the effect that during the

pendency of this writ petition, about 23 Jalkars have already

been allotted, holds that no further settlement shall be made till

final decision taken by the appellate authority in this matter.

9. With this direction, the writ petition stands disposed

of.

(Dr. Anshuman, J) Ashwini/-

AFR/NAFR
CAV DATE                NA
Uploading Date          12/09/2023
Transmission Date       NA