Judgment

JASWANT SINGH, J. - This appeal by special leave is directed against the judgment and order dated August 20, 1976, of the High Court of Judicature at Patna in Civil Writ Judicial Case No. 1463 of 1976 (filed by respondent No. 1) restraining the appellant and respondents 2 to 4 herein from acting on the basis of letter No. 10/S-4032/76-1976 R dated June 29, 1976 addressed by the Department of Revenue and Land Reforms Government of Bihar to the Deputy Commissioner Santhal Pargana, Dumka (which formed Annexure - 4 to the aforesaid writ petition) and directing respondent No. 2 to execute the lease of the fishery rights in question in favour of respondent No. 1 and to put him in possession thereof, if not already done.

2. The facts and circumstances giving rise to this appeal are: The appellant which is a co-operative society commenced taking settlement of Gangapath Islampur Jalkar, bearing Tauzi No. 614 (hereinater referred to as the Jalkar) immediately after its establishment and registration in 1950 (A.D.). The fishery rights in the Jalkar which were settled with the appellant for the year 1974-75 as theretofore was to run from July 1, 1974, to the end of June, 1975 at the Jamma of Rs. 1,50,000/-. At the end of the said year, it was discovered that the appellant had defaulted in payment of the Jamma to the extent of Rs. 66,869/-. The settlement of fishery rights in the Jalkar for the period commencing from July 1, 1975 to June 30, 1976 was made in favour of respondent No. 1 by respondent No.2 through its Revenue Department as a result of the public auction at which the former offered the highest bid of Rs. 1,65,000/-. In February, 1976, respondent No. 1 made a representation to the Revenue Department of the Government of Bihar praying for a remission of Rs. 75,000/- in the amount at which the settlement had been made in his favour on the ground that he had suffered a heavy loss during the aforesaid period of settlement as a result of the unlawful activities of the members of the appellant society. In the alternative, he prayed that in case the State Government was not in a position to grant the remission, the settlement of fishery rights of the Jalkar be continued with him for a further period of three years at the same amount in order to enable him recoup the aforesaid loss suffered by him. After some inquiry and consideration of the matter, the Revenue Department of the Government of Bihar ordered that the settlement of the Jalkar should continue with respondent No. 1 for the years 1976-77 and 1977-78 at Rs. 1.65,000/- per year. The Government, however, made the deposit of the settlement fee of Rs. 1,65,000/- by respondent No. 1 a sine qua non to the issue of the order of settlement. An intimation of this order was given by the Government to its Deputy Commissioner, Santhal Pargana, Dumka, vide its letter No. 10-S-4032/76 R dated April 30, 1976 forming Annexure-1 to the writ petition. A copy of this communication was also sent to respondent No. 1 with the direction that he should deposit Rupees 1,65,000/- before the issue of the settlement order for the aforesaid two years. In compliance with this order, respondent No. 1 deposited a sum of Rs. 1,65,000/- on May 3, 1976, vide challan No. 18 (Bank) dated May 3, 1976 and by his letter of the even date he requested the Sub-Divisional Officer Sahibganj, to issue the patta of settlement of the Jalkar for the years 1976-77 and 1977-78 in his favour. Respondent No. 1 also communicated the fact of the deposit by him of Rs. 1,65,000/- to the Secretary to the Government of Bihar, Revenue Department, by telegram dated May 5, 1976. However, taking a favourable view of the representations made by the appellant on February 18, 1976 and March 9, 1976 to its Revenue Minister and the Chief Minister respectively, the Government of Bihar changed its mind and informed the Deputy Commissioner of Santha Paragana, Dumka vide its letter No. 10/S4032/76-1976-R dated June 29, 1976 that it had "ta