P.S.KAILASAM, JASWANT SINGH, P.K.GOSWAMI
Bihar Eastern Gangetic Fishermen Co Operative Society LTD. – Appellant
Versus
Sipahi Singh – Respondent
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 Jam
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