Letters Patent Appeal No.91 of 2001 (Against judgment and order dated 2.1.2001, passed by a learned Single Judge in CWJC No.12527 of 2000) 1. Mahendra Mandal son of late Bateshwar Mandal, resident of Village – Muskipur Kothi, PS Jamalpur Gogri, District Khagaria, Secretary of Muskipur Fishermen Cooperative Society Limited 2. Muskipur Fishermen Cooperative Society through its Secretary Mahendra Mandal ….Petitioners Versus 1. The State of Bihar 2. The Secretary, Animal Husbandry and Fisheries Department, Bihar, Patna 3. The Director Fisheries Department, Bihar, Patna 4. The District Fisheries Officer cum Chief Executive Officer, Khagaria 5. The Registrar Co-operative Societies, Bihar, Patna 6. The Joint Registrar Co-operative Societies, Bihar, Patna 7. Piparpanti Fishermen Co-operative Society, Gogri, through its Administrator Shri Brahmdeo Mahto, Co-operative Extension Officer, Alauli, PS Alauli, Distt. Khagaria 8. Fishermen Co-operative Society, Gogri, through its Secretary ….Respondents With CIVIL WRIT JURISDICTION CASE NO. 14928 of 2006 (In the matter of an application under Article 226 of the Constitution of India) Muskipur Fishermen’s Co-operative Society Limited … … Petitioner Versus The State of Bihar & Others … … …. Respondents ******* For the Appellants : Mr. Anshu Dhar Sharma, Advocate Mr. Ashok Kumar Choudhary, Advocate For Respondent nos.1 to 6: Mr. Sunil Kumar Mandal, Standing Counsel no.15 Mr. Arjun Prasad, AC to SC 15 For Respondent nos.7 & 8: Ms. Mahashweta Chatterjee,Advocate ******* P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL S K Katriar & Kishore K Mandal, JJ. The present letters patent appeal has been preferred against the judgment and order dated 2.1.2001, passed by a learned single Judge, arising out of CWJC No.12527 of 2000. While admitting the appeal, this Court passed the following order on 2.5.2001:- “This appeal will be heard. Issue fresh notice to respondent no.7 for which talbana etc. must be filed within one week, failing which this appeal as against the concerned respondent shall stand dismissed without further reference to a Bench. 2 No interim order is passed at this stage. However, in case any step for settlement is taken up, it will be open for the appellants to file application for passing appropriate order.” A fresh process for settlement of the Jalkar was initiated. Instead of approaching this Court for an order/clarification, the appellants/writ petitioners filed a separate writ petition questioning order(s) of the respondent authorities to settle entire Jalkars falling within Gogri Anchal with the respondent Piparpanti Fisheries Co- operative Society Ltd. This gave rise to CWJC No.14928 of 2000. By order dated 1.2.2008, a learned single Judge directed for hearing of the said writ petition along with the appeal already preferred by the writ petitioner, being LPA No. 91 of 2001. That is why both these matters are being heard together and disposed of. 2. Dispute in the present case is between two Fishermen’s Co-operative Societies, namely, Mushkipur Fishermen’s Co-operative Society Ltd., Gogri Anchal, District Khagaria, and Piparpanti Fishermen’s Co-operative Society Ltd., Gogri Anchal, District Khagaria. Both the societies are registered and operating in Gogri Block in the district of Khagaria. There appears to be a long dispute between the two co-operative societies with regard to their areas of operation. Matters have been brought before this Court on several occasions. Adjudication(s) seems to have been made with reference to the circular/notification/instructions governing the field. It is an admitted position at Bar that now the field is covered by an Act of Legislature, called “The Bihar Fish Jalkar Management Act 2006” (Bihar Act 13 of 2006), (hereinafter referred to as `the Act’). It is further agreed between the writ petitioners-appellants, as well as the respondent representing Piparpanti Fishermen’s Co-operative Society Ltd., that there is a specific provision under the Act which would now govern the field and the matter can be resolved referring to the provisions contained in sub-clause (viii) of Section 7 of the Act, which reads as follows:- “7. Short term Settlement – ……… ……… ……… (viii) If more than one Fishermen Co-operative Societies are eligible for settlement of Jalkars in a Block, then settlement of Jalkars shall be made among them in proportion of the number of all classes of Jalkars and the number of the members of them.” 3 Presently, the Jalkar(s) situated within Gogri Anchal which appear to be the biggest Jalkars in the area, stand settled with Piparpanti Fishermen’s Co-operative Society Ltd. for a period of five years. The lease/settlement period will expire on 30th June 2011. Both the parties are in agreement that admittedly they operate within the Gogri Anchal. This situation has been visualized and a provision has been made in the Act itself. They are thus in complete agreement that after expiry of the present lease/settlement period the Jalkar(s) in question situated within the Gogri Anchal they are now required to be dealt with in accordance with the said provision. Mr. Ashok Kumar Choudhary, learned counsel, representing the appellant(s) as well as the writ petitioner, fairly stated before this Court that for the remaining period of lease/settlement made in favour of Piparpanti Fishermen’s Co-operative Society Ltd., the writ petitioner/appellants shall have no objection. Mr. Sunil Kumar Mandal, appearing on behalf of the State, submits that the State shall have no objection so long the provisions of law contained in the Act are complied with. It is the stand of the State also that in the particular facts and circumstances of the case, clause (viii) of Section 7 of the Act shall govern the field. 3. In that view of the matter, we dispose of the appeal as well as the writ petition in the light of aforesaid agreement between the parties. It is clarified at the cost of repetition that on and from 1st July 2011, the settlement of Jalkar(s) in question located within the Gogri Anchal of the district of Khagaria shall be settled in accordance with the aforesaid provision of the Act. 4. The appeal and the writ petition are accordingly disposed of. ( S K Katriar ) ( Kishore K Mandal ) Patna High Court, Patna The 9th of March 2010 NAFR/mrl 4