1. THIS appeal is directed against an order dated May 30. 1973 made in Civil Order No. 839 (W) of 1973 by Chittatosh Mookerjee, J. By the said order his Lordship dismissed an application under Article 226 of the constitution of India without issuing a rule. The appellants, a Fishermens' co-operative Society contended that about 23 years ago the predecessors of the present members of the Society had settled on the Khasmahal lands situated within Mouza Falta village Falta 24 pargans with the object of catching fish from the chanels, tanks, bills and other watery areas of the said mouza for their maintenance and livelihood. It has further been contended that the said persons have improved the area by cutting and clearing the jungles and they were and are fishermen by caste and profession.

2. THE Co-operative Society, it has been alleged, was formed as for back as 1950 at the initiative of the state government and the same is also a registered one. In the petition used as grounds of the motion it has further been contended that the Co-operative Society and its members were given assurances to settle the jheel for their economic re-habilitation and in fact the families of the me