IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10070 of 2010
1. RAXAUL PRAKHAND MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD., RAXAUL
THROUGH ITS CHIEF EXECUTIVE BINOD MAHTO S/O MANGAL MAHTO R/O VILL.-
JAKIYARI, P.S.- RAXAUL, DISTT.- EAST CHAMPARAN - Petitioner.
Versus
1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, ANIMAL
HUSBANDARY AND FISHERIES DEPARTMENT, BIHAR, PATNA
2. THE DIRECTOR FISHERIES, BIHAR, PATNA
3. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, EAST
CHAMPARAN - Respondents.
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2 12.7.2010 Heard learned counsel for the petitioner and the State.
Earlier the petitioner had come to this court for a
direction that the Director Fisheries, Bihar should dispose of the
application of the petitioner for settlement of nine jalkars on long
terms under section 5(3) of the Bihar Fish Jalkar Management
Act, 2003.
The case of the petitioner is that he had approached
the National Cooperative Development Corporation for providing
financial aid for development of the jalkars. The District Fisheries
Officer considered the application of the petitioner and prepared
an estimate. After the estimate was prepared, the petitioner had
filed an application on 19.2.2009 before the Director Fisheries,
Bihar which has now been rejected vide Annexure 12 on 17.3.
2010. This writ petition challenges the said order.
The Director Fisheries after considering the case of
the petitioner and the objections raised by different Societies has
referred the matter to the District Fisheries Officer, East
Champaran who should place the entire facts before the
Management Committee. It is not for this court at this stage to
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consider whether the authorities may settle the jalkars on long
term basis and whether financial help is to be provided for the
development of the said jalkars.
The Management Committee should consider all the
facts in accordance with law and as envisaged under section 5(3)
of the 2003 Act. This court cannot pass any positive order at this
stage. This writ petition is, thus dismissed.
(Sheema Ali Khan,J)
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