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1983 Supreme(Pat) 216

HARI LAL AGRAWAL, SURENDRA NARAIN JHA
Ram Chandra Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In this case the petitioner has obtained a rule as to why the order issued under letter dt. 15-4-1983 (Annexure-4) by the Joint Secretary, Department of Revenue and Land Reforms of the State Government be not quashed. By this letter, respondent No. 2 has disapproved the recommendations for settlement of two Jalkars, namely, (i) Ganga Jalkar T. No. 406, 20236 Ganga and (ii) Gandak T. No. 306, 160 1/2 (for the sake of convenience they would be referred to hereinafter as Ganga Jalkar) and simultaneously ordered for settlement of the Jalkar in favour of respondent No. 6. the Fishermens Co-operative Society, Bakhtiarpur. From the above statements it becomes obvious that the dispute in this case relates to the settlement of fishery rights and the competition is between the petitioner and respondent No. 6.

2. The relevant facts, briefly stated, are as follows. The Additional Collector, Patna (respondent No. 5) issued a general notice dt. 29-1-1983 for holding bid of the said Jalkar (along with some other Jalkars) on 14-2-1983. As nobody turned up to attend the bid on that day, the auction was adjourned to 21-2-1983. On that day also no bidder turned up, but three Fishermens Co-
















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