Petitioner as Chairman of a society sought transfer of water bodies (jalkars) to the Fisheries department. The Respondent admitted via counter-affidavit that 30,790 jalkars were already transferred. Petitioner failed to file rejoinder. Petition dismissed as infructuous.
Writ petition dismissed without costs.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9606 of 2012
====================================================== Rishikesh Kashyap S/O Shree Jeebachh Pd. Sahani, Chairman of Bihar Prantiya Matasyjeevi Swablambi Sahakari Parishang Ltd., At 1st Floor, Meen Bhawan, West Boring Road, Patna-23
====================================================== Appearance : For the Petitioner/s : Mrs. Mahasweta Chatterjee For the Respondent No.1 to 13: Mr. Ratna Deep Prasad, AC to AAG-XI ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER
The petitioner, claiming to the Chairman of Bihar Prantiya Matasyjeevi Swablambi Sahakari Parishang Ltd., an unregistered society/ union, has filed the present writ petition for a direction to the respondents to take necessary decision to transfer all the jalkars under the respondent no. 4 to 12 to the Fisheries department.
Patna High Court CWJC No.9606 of 2012 (4) dt.01-12-2015
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In the present matter, a counter-affidavit has been filed on behalf of the respondents, duly sworn by the Joint Director, Department of Fisheries, where in paragraph-8 it has been stated that 30,790 jalkars have duly been transferred to the Fisheries department by the Revenue department, which are being settled in favour of the private individuals/ societies as per the existing law. The copy of the aforesaid counter-affidavit was served upon the learned counsel appearing on behalf of the petitioner on 21.01.2014, yet facts stated therein have not been controverted by the petitioner.
This matter was taken up for consideration on merit on 05.10.2015 when, on the request of the learned counsel appearing on behalf of the petitioner, the matter was adjourned for four weeks enabling her to file a rejoinder affidavit to the aforesaid counter-affidavit. When the matter has been taken up today, learned counsel appearing on behalf of the petitioner has fairly conceded that no rejoinder affidavit has been filed on behalf of the petitioner despite the aforesaid indulgence granted by this Court.
From the facts noticed above, it is apparent that the present writ petition has become infructuous as the jalkars in question have already been transferred to the department of Fisheries by the department of Revenue, Government of Bihar. Hence, the present writ petition is devoid of merit and is, accordingly, dismissed, but without costs.
(Birendra Prasad Verma, J)
BTiwary/-
U
1 issue framed by the court
Whether the writ petition for transfer of jalkars to the Fisheries department is maintainable given that they have already been transferred.
Rishikesh Kashyap
State of Bihar through its Chief Secretary
Cabinet Secretary, Bihar Government
Principal Secretary, Animal and Fish Resources Department
Principal Secretary, Human Resources Department
Principal Secretary, Water Resources Department
Birendra Prasad Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
