This petition challenged a letter authorizing long-term settlement of certain jalkars under Section 5(iii) of the Bihar Fish Jalkar Management Act, 2006. The petitioner argued the jalkars did not meet development requirements. The court dismissed the application.
The writ application challenging the impugned letter dated 26.06.2018 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5040 of 2019
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Harif Sahni Son of Late Paltu Sahni, resident of Village- Lal Bagia Chauk Naya Tola, P.O.- Mishraulia, P.S.- Cheraiya, Distt.- East Champaran, Motihari.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Ram Nibash Prasad For the Respondent/s : Mr.Subash Chandra Yadav (GP-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
Patna High Court CWJC No.5040 of 2019(2) dt.15-03-2019 2/4
Patna High Court CWJC No.5040 of 2019(2) dt.15-03-2019 3/4
Champaran, Motihari which contains a report in respect of jalkars proposed to be settled on long term basis. It is mentioned in the concluding paragraph of the said letter that the said jalkars need repairs and development for the purpose of settlement on long term basis. It is in the light of the said report of the District Fisheries Officer, Motihari, inter alia , the decision has been taken to settle the said jalkars on long terms basis.
Patna High Court CWJC No.5040 of 2019(2) dt.15-03-2019 4/4
to letter dated 18.06.2015, issued by the Uttar Bihar Gramin Bank, which according to him is being made the basis for inclusion of jalkars as such jalkars to be developed under the scheme of the Financial Institution/Bank. He contends that the said letter dated 18.06.2015, does not indicate that the Bank had framed any scheme for development of the jalkars. I have perused the said letter dated 18.06.2015, of Uttar Bihar Gramin Bank, which only indicates that the Bank may advance loan in case any decision is taken by the State Government for long term settlement.
(Chakradhari Sharan Singh, J)
arun/-
U
2 issues framed by the court
Whether the Director Fisheries had jurisdiction to sanction long-term settlement of jalkars under Section 5(iii) of the Bihar Fish Jalkar Management Act, 2006 when the jalkars were not developed or un
Whether the impugned letter dated 26.06.2018 was unauthorized or beyond jurisdiction.
1 provisions across 1 enactments
Harif Sahni
State of Bihar through the Principal Secretary, Animal Husbandry and Fisheries Department, Bihar
Director Fisheries, Department, Bihar
Deputy Director Fisheries, Muzaffarpur
District Fisheries Officer-cum-Chief Executive Officer, East Champaran
Cheraiya Prakhand Matsyajivi Sahyog Samiti Ltd. Cheraiya
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
