Patna High Court
Kamendra Mani Tripathi vs The State Of Bihar on 8 August, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11794 of 2024
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Kamendra Mani Tripathi, Son of Late Virendra Mani Tripathi, Resident of
Village - Nagdaha, P.O. - Nagdaha, P.S.- Malahi, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Co-operative Department,
Govt. of Bihar, Patna.
2. The Registrar, Co-operative Society, Bihar, Patna.
3. The Commissioner, Tirhut Division, Motihari, East Champaran.
4. The District Magistrate, Motihari, East Champaran.
5. The District Fishery Officer Cum Chief Executive Officer, East Champaran,
Motihari.
6. The Sub - Divisional Officer, Areraj, East Champaran.
7. The Circle Officer, Areraj, East Champaran.
8. The S.H.O., Malahi, East Champaran.
9. Areraj Block Fishermen Co-operative Society through its Minister Poonam
Devi.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar No. III, Advocate
For the Respondent/s : Mr. Birju Prasad, GP-13
Mr. Ajit Anand, AC to GP-13
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 08-08-2024
Heard the parties.
2. The petitioner is inhabitant of village Nagdaha
having his own raiyati land bearing Khesra No. 213, 221, 226,
227, 228, 232, 235 etc., but on account of diluvion of Gandak
river, the land of the petitioner and other villagers at present has
been made Payen and Sota.
Patna High Court CWJC No.11794 of 2024 dt.08-08-2024
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3. Learned counsel for the petitioner contended that
Areraj Block Fishermen Co-operative Society Ltd. contains
twenty eight Jalkars in the year 2019-2020 to 2021-2022, the
details whereof have been mentioned in Annexure-P/2, were
settled with the Jalkars.
4. The petitioner is aggrieved with the settlement of
Sakhwa Deear, Nagdaha and Kalkaliya Jalkar, which are
situated within Panchayat Nagdaha. It is vehemently contended
that Areraj Block Fishermen Co-operative Society earlier known
as Gobindganj Thana Fishermen Co-operative Society Ltd. had
moved before this Court in CWJC No. 9348 of 1999 over the
issue of fishing right and this Court vide order dated 20.07.2000
rejected the claim of the petitioner of the said case while
upholding the restrictions imposed by the authority in respect of
fishing right over the raiyati land.
5. Learned counsel for the petitioner further
contended that while the petitioner and other villagers have been
enjoying the fishing right over the Jalkar in question, some of
the anti-social elements started creating hindrances and, as such,
apprehending the danger and in order to maintain the law and
order, the petitioner approached before all the authorities. On a
report submitted by SHO, Malahi PS, a proceeding under
Patna High Court CWJC No.11794 of 2024 dt.08-08-2024
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Section 107 Cr.P.C. vide Case No. 735M/2023 has also been
initiated by the SDO, Areraj, East Champaran. Respondent no.6,
after hearing the parties and perusing the materials vide its order
dated 16.01.2024 relegated the matter to respondent no.5, the
District Fishery Officer-cum- Chief Executive Officer, East
Champaran, Motihari to adjudicate the issue and pass order in
respect of dispute arisen between the parties.
6. Respondent no.5 taking note of letter no. 847 dated
20.03.2024
as well as letter no. 715 dated 28.05.2024,
withdrawn the order restraining the fishing right of all the
Pattedar of Areraj Prakhand Matsyajivi Sahyog Samiti over
Nagdaha Jalkar. The letter of the District Fishery Officer-cum-
Chief Executive Officer, East Champaran, Motihari as contained
in Memo No. 1143/Matasya/Motihari dated 06.06.2024, which
is impugned herein, also stipulated that protection be given to
respondent no.9 to allowing him to do the fishing over Nagdaha
Jalkar. Aggrieved, the petitioner filed the present writ petition.
7. Considering the grievance of the petitioner and
taking note of the submissions advanced on behalf of the
petitioner as well as the impugned order, it appears that before
passing the order, no notice or any opportunity was given to any
stake holder, thus, this Court deems it fit and proper to relegate
Patna High Court CWJC No.11794 of 2024 dt.08-08-2024
the matter before respondent no.5, the District Fishery Officer-
cum- Chief Executive Officer, East Champaran, Motihari, to
look into the matter afresh, in the light of the order passed by
this Court in CWJC No. 9348 of 1999 as well as the order dated
16.01.2024 passed by respondent no.6, S.D.O., Areraj, East
Champaran, preferably within a period of four weeks from the
date of receipt/production of a copy of this order.
8. It is also expected that before passing the final
order, respondent no.5 shall give proper opportunity of hearing
to all the stake holders.
9. The writ petition stands disposed of with the above
direction(s).
(Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12-08-2024
Transmission Date
