Back
2025 Supreme(Online)(Pat) 5632
PATNA HIGH COURT
SHAILENDRA SINGH, J
Gauri Shankar Singh @ Gaurishankar Puri – Appellant
Versus
The State of Bihar through Principal Secretary Department of revenue and land reform Govt. of Bihar – Respondent
Civil Writ Jurisdiction Case No.19879 of 2025
For the Appellants/Petitioners: Mr. Pramod Kumar Pandey
For the Respondents:Mr.Government Advocate (05)
Court emphasizes administrative resolution over illegal granting of rights in writ jurisdiction.
Headnote:The petitioner seeks the restoration of possession over a pond established under Khata no 537 pertaining to Khesra no.2678 which was settled to a Mahanth. The District Fisheries Officer allegedly granted illegal fishing rights to a third party, prompting the court to direct the District Magistrate to resolve the petitioner's representation. The court finds the petition premature for writ jurisdiction. Ultimately, the petition is disposed of with direction.
| Table of Content |
|---|
| 1. petitioner seeks restoration of illegal fishing rights. (Para 2 , 3) |
| 2. court directs administrative resolution for the petitioner. (Para 4) |
| 3. writ petition disposed with directions. (Para 5) |
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 11-12-2025 This writ petition under Article 226 of the Constitution of India has been filed by the petitioner seeking the following reliefs:-
“An appropriate writ/order/s direction/s commanding the respondent no.1 to 6 to restore possession over pond in connection with land bearing Khata no 537 pertaining to Khesra no.2678 about area 1-10. 16 dhur situated in village - Mathwa, Anchal Pakridayal, Disst- East Champaran, which has been mentioned in Kahtiyan as Gairmazurwa Mokridar and was settled to the then Mahanth Chaturbhuj Puri of Mathwa Math but the District fisheries officer Motihari has given right for fishing to respondent no.6.
B. An appropriate writ to restrain the respondent no.5 and 6 not to disturb the right of present petitioner who is successor of late Mahanth of said Math since the District Fisheries Officer given illegal right without verifying documents which is available before State of Bihar.
C. An appropriate writ to direct the respondent's authorities to take any coercive step against the respondent no.6 to dispossessed him over the pond and proceed department proceeding against respondent no.5 when document is available that pond in question is possession of Mahanth and math in virtue of settlement as well as Khatiyan.
D. To any other relief or relief's for which the petitioner is entitled too”.
2. Mr. Pramod Kumar Pandey, learned counsel for the petitioner and Mr. Ajay, learned G.A.-5 for the State-
respondents are present and they are heard.
3. The main issue raised by the petitioner is that the District Fisheries Officer, Motihari has given the right of fishing of the pond situated upon the land of Mathwa Math, which is presently under the control of petitioner, to respondent no.6 which is completely illegal.
4. This court is of the view that the issue raised by the petitioner is premature for consideration by this court under writ jurisdiction. However, the District Magistrate, East Champaran, Motihari is directed to dispose of the petitioner’s representation (Annexure- P/4), which is pending before him, within a period of four weeks from the date of receipt/ production of a copy of this order.
5. With the aforesaid direction, this writ petition stands disposed of.
(Shailendra Singh, J)
