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2009 Supreme(Pat) 955

SHEEMA ALI KHAN
Dukhan Sahni Son Of Late Lalchand Sahni – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. The petitioner has challenged the order dated 12.8.2008 passed by the District Fisheries Officer, Sitamarhi. which was issued in compliance of letter no. 2045 dated 28.7.2008 issued by the Director, Fisheries, Bihar. By the impugned order, the settlement made vide letter no. 429 daied 7.9.2006 in favour of the petitioner society for the period 2006-07 to 2010-11 has been modified and it is ordered that 22 Jalkars situated in Purnahia Block should be settled with the newly constituted society known as Newly Constituted Fishermen Co-operative Society, Purnahia Block, District-Sheohar.

2. There are 44 Jalkars situated in Pipardhi and Purnahia Blocks. 22 of the Jalkars belong to each of the blocks which were functioning in both the Block together. As such, the petitioner society was settled with all the 44 Jalkars on 7.9.2006 for the period 2006-07 to 2010-11. The agreement was executed on 24.11.2006 which indicates as follows:

3. It is also a fact that the District Fisheries Officer issue parwana for each settlement year in favour of the society and the society in its turn deposits the reserve jama year-wise on issuance of parwana, but in fact the settlement is made for











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