IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC NO.11386 OF 2008
GYANO MAHILA VIKAS MATSHYAJIVI SWABLAMBI SAHAKARI SAMITI
LIMITED, PATEPUR THROUGH ITS CHIEF EXECUTIVE, NAMELY SHREE
DHARMENDRA SAHANI, SON OF SHRI AMANARJEET SAHANI, RESIDENT OF
VILLAGE CHAKNASIR, POLICE STATION SUKKI, DISTRICT VAISHALI
VERSUS
1. THE STATE OF BIHAR THROUGH THE SECRETARY, ANIMAL
HUSBANDRY AND FISHERIES DEPARTMENT, GOVERNMENT OF BIHAR,
PATNA
2. THE DIRECTOR, FISHERIES, GOVERNMENT OF BIHAR, PATNA
3. THE DISTRICT FISHERIES OFFICER -CUM- CHIEF EXECUTIVE
OFFICER, VAISHALI (HAJIPUR)
4. PATEPUR PRAKHAND MATSHYAJIVI SWABLAMBI SAHAKARI SAMITI
LIMITED, PATEPUR THROUGH ITS CHIEF EXECUTIVE SHRI RAKESH
SAHANI, RESIDENT OF VILLAGE PATEPUR, POST OFFICE PATEPUR,
DISTRICT VAISHALI
5. MAUDAH CHATUR MATSHYSAJIVI SWABLAMBI SAHAKARI SAMITI
LIMITED, PATEPUR THROUGH ITS CHIEF EXECUTIVE SMT. PRAVEETA
DEVI, RESIDENT OF VILLAGE AND POST OFFICE MAUDAH, DISTRICT
VAISHALI
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6 24/11/2010 Heard the parties.
I am not inclined to entertain this writ
application as it seeks to challenge the order or
settlement made in favour of the respondent society for
the period 2006-07 to 2010-11. The said period is going
to expire in June, 2011.
Since the respondent society has been in
possession and reaping the harvest of the Jalkars in
question for the past four years, it would be unfair to
dispossess them from the Jalkars even if the impugned
order is incorrect for one or the other reason. The
petitioner has the remedy to apply when there is a notice
2
of fresh settlement in accordance with law.
This application is accordingly dismissed.
Anand ( Sheema Ali Khan, J. )