S.S.SANDHAWALIA, U.P.SINGH, S.ALI AHMAD
Chetlal Sao – Appellant
Versus
State Of Bihar – Respondent
S.S.SANDHAWALIA, J.
1. In this set of two connected writ petitions referred to the Full Bench three significant issues emerge for adjudication. These may conveniently be formulated at the very outset :-
1. Whether the administrative instructions and circulars issued from time to time for the lease of fishery rights in tanks (sairats) vested in the State are statutory in nature and binding on the Government?
2. Whether a writ of mandamus would be maintainable even in the absence of a concluded registered contract for the lease of such a sairat?
3. Whether the State would still be bound by the doctrine of promissory estoppel even for the acts of its subordinates done in violation of its directions or administrative instructions?
2. The primal challenge of the petitioners herein is to the settlement of the sairats in favour of the Fishermens Co-operative Societies at a reserve jama in pursuance of a policy decision to this effect. The relevant facts are closely similar - if not identical - and may, therefore, be conveniently noticed from C.W.J.C. 42 of 1985 (R) (Jageshwar Prasad V/s. State of Bihar). It is averred that there are ten sairats in Bisungarh Anchal which were to be
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