Dismissed¶27

Harif Sahni v. The State of Bihar

Patna HC5 Mar 2024L.P.A/502/2019

Case brief

AI extract

What is this about?

Jalkar; long term settlement; Section 5(iii); Bihar Fish Jalkar Management Act 2006; Director of Fisheries Bihar; concurrence of State Government; communication dated 26.06.2018; East Champaran; Motihari; Cheraiya Prakhand Matsyajivi Sahyog Samiti Ltd.; Fisherman Cooperative Societies; Uttar Bihar Gramin Bank; loans for development of Jalkars; learned Single Judge; Letters Patent Appeal No.502 of 2019; Civil Writ Jurisdiction Case No.5040 of 2019; appeal dismissed; decision date 05-03-2024; coram K. Vinod Chandran CJ and Harish Kumar J; Mrs. Mahasweta Chatterjee Advocate for appellant; Mr. Md.Khurshid Alam AAG-12 for respondents.

What did the court decide?

The ingredients of Section 5(iii) of the Act are fully satisfied, as found by the learned Single Judge ¶26

Harif Sahni Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶27

Issue for consideration

Whether the conditions of Section 5(iii) of the Bihar Fish Jalkar Management Act, 2006 for long term settlement of the 'Jalkars' were fulfilled: that the 'Jalkars' have been developed or are being developed or are under a decision to develop, with the prior approval of the Government, and development is under a scheme of the Government/Financial Institution/Bank for a maximum period of ten settlement years, with Fisherman Cooperative Societies +1 more

¶19

Court's answer

The ingredients of Section 5(iii) of the Act are fully satisfied, as found by the learned Single Judge

¶26

Ratio / Principle

There is no reason to interfere with the impugned judgment, and accordingly the appeal stands dismissed

¶27

Detailed headnote1 paragraphs

Patna High Court, Letters Patent Appeal No.502 of 2019 in C.W.J.C. No.5040 of 2019 (oral judgment per the Chief Justice, K. Vinod Chandran, with Harish Kumar, J; dated 05-03-2024): The appellant Harif Sahni had challenged the Director of Fisheries, Bihar's communication of State Government concurrence for long term settlement of certain 'Jalkars' in East Champaran under Section 5(iii) of the Bihar Fish Jalkar Management Act, 2006, contending the statutory conditions (development or decision to develop with prior Government approval, development under a Government/Financial Institution/Bank scheme for a maximum of ten settlement years, with Fisherman Cooperative Societies) were unfulfilled, the communication being dated 26.06.2018. The Division Bench, endorsing the learned Single Judge's reliance on the District Fisheries Officer's report that the 'Jalkars' needed repairs and development for long term settlement, and noting the Uttar Bihar Gramin Bank's stated readiness to advance loans for 'Jalkar' development if the State took a decision for long term settlement, held the ingredients of Section 5(iii) fully satisfied and found no reason to interfere with the impugned judgment; the appeal stood dismissed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.502 of 2019 In

¶2

Civil Writ Jurisdiction Case No.5040 of 2019

¶3

======================================================

¶4

Harif Sahni Son of Late Paltu Sahni Resident of Village-Lal Bagia, Chauk Naya Tola, PO-Mishraulia, P.S-Cheraiya, Distt-East Champaran, Motihari.

¶5

... ... Appellant/s

¶6

Versus

¶7

The State of Bihar through the Principal Secretary, Animal Husbandry and Fisheries Department, Bihar, Patna.

¶8

The Director Fisheries, Department, Bihar, Patna.

¶9

The Deputy Director Fisheries, Muzaffarpur.

¶10

The District Fisheries Officer-cum-Chief Executive Officer, East Champaran, Motihari.

¶11

Cheraiya Prakhand Matsyajivi Sahyog Samiti Ltd. Cheraiya through its secretary Indradeo Sahni son of Hakim Sahni @ Hari Shankar Sahni, resident of village-Lal Bagia, P.S-Cheraiya, Distt-East Champaran, Motihari.

¶12

... ... Respondent/s

¶13

======================================================

¶14

Appearance :

¶15

For the Appellant/s : Mrs. Mahasweta Chatterjee, Advocate For the Respondent/s : Mr. Md.Khurshid Alam, AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

¶16

Date : 05-03-2024

¶17

The petitioner, a resident of Motihari, challenged a letter issued by the Director of Fisheries, Bihar, which communicated the concurrence of the State Government for long term settlement of some of the ‘Jalkars’ in exercise of power under Section 5(iii) of the Bihar Fish Jalkar Management Act, 2006, (for brevity, the Act); to the District Fisheries Officer-cum-Chief Executive Officer, East Champaran, Motihari.

¶18

Patna High Court L.P.A No.502 of 2019 dt.05-03-2024 2/3

¶19

The decision was challenged on the ground that there is specific provision which authorizes the Director of Fisheries to settle only such ‘Jalkars’, which have been developed or are being developed or are under a decision to develop; with the prior approval of the Government. Such development should also be under a scheme of the Government/Financial Institution/Bank for a maximum period of ten settlement years, with Fisherman Cooperative Societies.

¶20

None of these conditions are fulfilled by the ‘Jalkars’ in respect of which the communication dated 26.06.2018, is addressed. Neither are the said ‘Jalkars’ developed or being developed by the State Government nor is there any scheme of development in place, were the contentions.

¶21

The learned Single Judge found that there was a letter written by the District Fisheries Officer, East Champaran, Motihari reporting on the ‘Jalkars’ proposed to be settled on long term basis. In the concluding paragraph of the said letter it was mentioned that the said ‘Jalkars’ need repairs and development, for settlement on long term basis. The decision to settle the said ‘Jalkars’ on long term basis has been taken in pursuance to the report of the Direct Fisheries Officer.

¶22

The provision was also looked into, to find that the ingredients are satisfied insofar as the report of the District

¶23

Patna High Court L.P.A No.502 of 2019 dt.05-03-2024 3/3

¶24

Fisheries Officers itself indicates that the ‘Jalkars’ are to be repaired and developed for the purpose of settlement on long term basis.

¶25

A letter relied on by the petitioner of the Uttar Bihar Gramin Bank was also referred to by the learned Single Judge. The petitioner’s contention was that the said letter is the only basis of inclusion of ‘Jalkars’ to be developed under the scheme of that particular bank. A reading of the letter, however, indicated that the Uttar Bihar Gramin Bank was prepared to advance loans for development of ‘Jalkars’, if a decision is taken by the State Government for long term settlement.

¶26