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2025 Supreme(Online)(Pat) 108
PATNA HIGH COURT
HONOURABLE MR. JUSTICE SATYAVRAT VERMA
Ashok Kumar Singh – Appellant
Versus
The State of Bihar through the Secretary of the Department of Animal Husbandry and Fisheries, Government of Bihar, Patna – Respondent
CWJC 14526 / 2023
For the Appellants/Petitioners: Mr. Sallauddin Khan, Mr. Brajesh Kumar Singh
For the Respondents: Mr. Sajid Salim Khan, Mr. Baidnath Thakur
The State must respect prior judicial determinations regarding property rights.
Headnote:This case pertains to the dispute over fishing rights in privately owned Jalkars, originally purchased via registered sale deeds in 1944. The ancestors of the petitioners were found to have established rightful ownership through legal judgment in 1973, reaffirmed in 2011. The Court held that state authorities had disregarded these judgments, and settled fishing rights in favor of private parties without authority. The main issues included the validity of state claims over the Jalkars in the face of historical ownership records. The Court asserted the binding nature of prior civil verdicts, emphasizing the need for the state to respect judicial determinations. The Court directed the State not to interfere with the Jalkars until the earlier judgments remain valid.
ORAL JUDGMENT
Date : 20-01-2025 Heard learned counsel for the petitioners, Mr. Sajid Salim Khan, learned SC-25 for the State and learned counsel appearing on behalf of the private respondent no. 6.
2. Learned counsel for the petitioners submits that ancestors of petitioners had purchased fishery rights of 2 Jalkars, namely, Kharnai Nadi and Til Juggadhar from Mr. N.M. Grant by two registered sale deeds both dated 19.12.1944 (Annexure-1 and 2) and since then ancestors of the petitioners came in physical possession of the two Jalkars and started fishing rights through their settlees by issuing Hukumnama. After purchasing the Jalkars, the names of the ancestors of the petitioners were recorded and registered in place of Mr. N.M. Grant in the Collectorate of Bhagalpur as owners and proprietors in the Jalkar Register known as Register-D and the Jalkars were identified as Tauzi No. 335 and 336. It is further submitted that after coming in force of Bihar Land Reforms Act, 1950 (hereinafter referred to as the ‘1950 Act’) Parwana for the year 1964-65 was issued in favour of Machuwa Sahyog Samiti on the premise that Jalkars in question have vested in the State of Bihar. The ancestors of petitioners filed Title Suit No. 23 of 1965 in which the State of Bihar was impleaded as a defendant along with Machuwa Sahyog Samiti and others for a permanent injunction against the defendant State and Machuwa Sahyog Samiti and also for declaration that the right of fishing in the said Jalkars have not vested in the State under the provisions of the 1950 Act. Learned Sub-Ordinate Judge, Bhagalpur after hearing the parties vide judgment and decree dated 16.02.1973 (Annexure-3) permanently restrained the State Authorities and Machuwa Sahyog Samiti (hereinafter referred to as the ‘Samiti’)
from interfering with the Jalkars.
3. The aforesaid judgment and decree in Title Suit No.
23 of 1965 attend finality in absence of any challenge and, as such, the ancestors of petitioners and petitioners after them remain in physical possession of the Jalkars and exercise their fishing right through their settlees by executing settlement and the said position continued till 1990.
4. The State authorities again in 1991-92 issued Parwana in favour of the Samiti in complete disregard of the judgment and decree passed in Title Suit No. 23 of 1965 compelling the petitioners to file Title Suit No. 31 of 1992 for a declaration that State of Bihar has no right to settle the Jalkars in favour of the Samiti and the State of Bihar and Samiti have no right to disturb and interfere with the fishing rights of the plaintiffs (petitioners herein) over the Jalkars in question. Title Suit No. 31 of 1992 was decreed in favour of the plaintiffs on 28.02.2011 (Annexure-4) and the State Authorities were restrained from interfering with the rights of the plaintiffs, thus, the judgment passed in Title Suit No. 31 of 1992 reaffirmed the judgment and decree in Title Suit No. 23 of 1965 .
5. Learned counsel for the petitioners submits that the settlees of the petitioners have also filed C.W.J.C. No. 19883 of 2021 for quashing the Parwana issued by the respondent dated 08.11.2021 for the year 2021-22 in favour of the respondent no. 6 in complete disregard of the judgment and decree in Title Suit No.
23 of 1965 and Title Suit No. 31 of 1992 .
6. This Court in C.W.J.C. No. 19883 of 2021, stayed the Parwana by an order dated 15.12.2021 (Annexure-6), thereafter the settlees of the petitioners started fishing in the said Jalkars but the respondent no. 4 initiated a proceeding under Section 144 Cr.P.C. and this Court also based on the submission of the respondents vacated the order of stay dated 15.12.2021 in C.W.J.C. No. 19883 of 2021 by an order dated 24.03.2022 (Annexure-7) which led to looting of the entire fish of the Jalkars by the Samiti people.
7. It is submitted that though the time of Parwana issued for the year 2021-2022 lapsed but the petitioners have learnt that respondent no. 5 has alrea
