IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12519 of 2009 1. UMESH SAHANI, S/o- Late Budhan Sahani, 2. Laxman Sahani, S/o- Late Uchit Sahani. Both are residents of Village+Post Office- Tehawara, P.S.- Katra, District- Muzaffarpur :------- Petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector, Muzaffarpur. 3. The Additional Collector, Muzaffarpur. 4. The Deputy Collector, Land Reforms, Muzaffarpur. 5. The Deputy Development Commissioner-cum-Chief Executive Officer, Muzaffarpur. 6. The District Engineer, Zila Parishad, Muzaffarpur. 7. The District Fisheries Officer-cum-Chief Executive Officer, Muzaffarpur. 8. Katra Anchal Matasyajivi Sahayog Samiti Ltd. Patori through its Secretary Sri Chandeshwar Sahani, R/o- Village- Katai, P.O.- Ufarouli, P.S.- Katra, District- Muzaffarpur. 9. Shree Subansh Sahani, S/o- Ram Sharan Sahani, Village- Bhoraha, P.O.- Jajuar, District- Muzaffarpur, Chairman of Katra Anchal Fishery Co-operative Society Ltd. Patori :--------------- Respondents. with CWJC No.7433 of 2009 KATRA ANCHAL MATASYAJIVI SAHYOG SAMITI LTD., Patori, Katra through its Secretary Shubans Sahni, S/o- Late Ram Sharan Sahni, R/o- Vill- Bhoraha, P.O.- Jajuar, P.S.- Katra, Dist- Muzaffarpur :--------------- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Revenue Dept., Bihar, Patna. 3. The Collector, Muzaffarpur. 4. The Jila Parishad, Muzaffarpur through Dy. Development Commissioner,Muzaffarpur. 5. The District Engineer Jila Parishad, Muzaffarpur. 6. The District Fisheries Officer, Muzaffarpur. 7. Chandeshwar Sahni, Ex-Secretary, Katra Anchal Matasyajivi Sahyog Samiti Ltd. Patori, R/o- Vill- Karai, P.O.- Ufrauli, P.S.- Katra, Dist- Muzaffarpur :-------------- Respondents. ----------- C.W.J.C.No. 12519/09 For the Petitioners : Mrs. M. Chatterjee & Mr. Subhash Pd. Singh, Advocates. For the State : Mr. G.A.-8 & Mr. Indeshwari Pd., A.C to G.A.-8. For Respondent Nos. 5 & 6 : Mr. Bishwa Bibhuti Kr. Singh, Advocate. For Private Respondent : M/S Pasupati Pd. Sinha & Deepak Kumar, Advocates. C.W.J.C.No. 7433/09 For the petitioner : M/S Pashupati Pd. Sinha & Deepak Kumar, Advocates. For Intervenor/Respondent : Mrs. M. Chatterjee, Advocate. ********* 4. 29.10.2009. Petitioner of C.W.J.C.No. 7433 of 2009 is the private respondent in C.W.J.C.No. 12519 of 2009 and petitioners of C.W.J.C.No. 12519 of 2009 have intervened in C.W.J.C.No. 7433 of 2009. In the circumstances, both the writ petitions - 2 - have been taken up for hearing together and are being disposed of by this common order. 2. Petitioner of C.W.J.C.No. 7433 of 2009 is a Fishermen Co-operative Society (hereinafter referred to as the “Society”) and the Society was settled 84 Jalkars under Office Order No. 820 dated 14.06.2008, Annexure-5 in C.W.J.C.No. 12519 of 2009. After the settlement of those 84 Jalkars in favour of the Society by the District Fisheries Officer the District Engineer, Jila Parishad, Muzaffarpur settled Item No.12 with Sri Chandreshwar Sahni, Ex-Secretary of the Katra Block Fishermen Co-operative Society under Letter No. 245 dated 2.8.2008 (Annexure-1 in C.W.J.C.No. 7433 of 2009 and Annexure-7 in C.W.J.C.No. 12519 of 2009). It is submitted on behalf of the Society that once the District Fisheries Officer made settlement under order dated 14.6.2008 the District Engineer, Jila Parishad had no jurisdiction at all to settle the tank with the Ex-Secretary Sri Chandreshwar Sahni. Petitioners in C.W.J.C.No. 12519 of 2009 are challenging the aforesaid two settlement orders on the ground that lands of one of the tank, Item No.12 of Annexure-5 was settled with the petitioners by Bihar Bhoodan Yagya Committee vide purcha issued in Form-5 dated 28.11.1975 in terms of the provisions contained in the Bihar Bhoodan Yagya Act (Annexures 2 and 3 of C.W.J.C.No. 12519 of 2009) and it appears from the said Form-5 that lands measuring 1 Bigha 12 Katha and 13 Dhurs was settled with Budhan Sahni, father of Petitioner No.1 in Plot No. 216 and 266. Khata number of the two plots does not appear from Annexure-2. Same is the case with Annexure-3 as therefrom it appears that Lakshman Sahni was settled with 3 Bigha 16 Katha and 6 Dhurs in Plot No. 225 Khata number whereof is also not indicated in Annexure-3. 3. It is submitted on behalf of the petitioners of C.W.J.C.No. 12519 of 2009 that Item No.12 of Annexure-5 appertains to Plot Nos. 216, 266 and 225 which was settled with them under Annexures 2 and 3, as such, the said tank could not have been settled with the petitioner-Society. In this connection reference is made to the information sought by the - 3 - Deputy Collector Land Reforms, East Muzaffarpur from the Additional Collector, Bihar Bhoodan Yagya Committee, Muzaffarpur under Letter No. 1425 dated 24.11.2008, Annexure-9 in C.W.J.C.No. 12519 of 2009 and its reply contained in Letter No. 264 dated 3.12.2008, Annexure-10 in C.W.J.C.No. 12519 of 2009 and with reference to the same it is submitted on behalf of the petitioners of C.W.J.C.No. 12519 of 2009 that as the said land was settled by the Bhoodan Yagya Committee to them after the lands was donated by Maharaja, Darbhanga to the Bhoodan Committee under Annexure-1, the tank/lands appertaining to Item No. 12 of Annexure-5 ought not to have been settled with the Society. 4. Having heard counsel for the petitioners in the two applications as also the State-respondents, I am of the view that the Collector, Muzaffarpur should peruse the records of the Bhoodan Yagya Committee and find out whether the lands as indicated in Purcha dated 28.11.1975, Annexures- 2 and 3 of C.W.J.C.No. 12519 of 2009 was settled with the petitioners or their ancestors and if that be so then the said plot be taken out of the settlement made in favour of the Society. While Considering the said matter, the Collector should also issue necessary direction to the District Engineer not to intermeddle with the settlement already made in favour of the Society under Annexure-5 as the Jalkars-in-question having been transferred to the Fisheries Department it is the District Fisheries Officer who has the jurisdiction to settle the tank-in-question and not the District Engineer of the Jila Parishad. The petitioners of both the cases are directed to appear before the Collector, Muzaffarpur on 23rd November, 2009 and produce their documents along with a certified copy of this order so that the Collector may dispose of the matter either on the same day or within a reasonable time thereafter. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)