IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10384 of 2010 MOHANIYA THANA MATSYAJIVI SAHYOG SAMITI LTD. MOHANIYA THROUGH ITS SECRETARY MUNNA CHOUDHARY SON OF SRI BIGU CHOUDHARY, RESIDENT OF VILLAGE-MOHANIYA MALAH TOLI, P.S.- MOHANIYA, DISTRICT- KAIMUR(BHABHUA)…. Petitioner. Versus 1.THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY. ANIMAL HUSBANDARY AND FISHERIES DEPARTMENT, BIHAR, PATNA. 2. THE COLLECTOR, KAIMUR, BHABHUA. 3.THE SUB-DIVISIONAL OFFICER, MOHANIYA. 4. THE CIRCLE OFFICER, MOHANIYA, DISTRICT-KAIMUR BHABHUA …..RESPONDENTS. ----------- 4 10.11.2010 The petitioner has filed this writ application making a prayer for a direction to the respondent no.5, the District Fisheries Officer to charge revenue for the settlement year 2006 to 2011 on the basis of the water area over which the petitioner could come in possession after making necessary enquiry. This Court by order dated 7.7.2010 directed the Collector, Bhabhua, to make an enquiry with the help of the Circle Officer, S.D.O. or any other authorities and file a counter affidavit indicating the encroachment made in water bodies settled in favour of the petitioners society, in context with the documents annexed by the petitioner at page 33 of the writ petition. 2 A counter affidavit has been filed on behalf of the Collector, Bhabhua by the Circle Officer, Mohaniya ( Kaimur) in which he has annexed reports contained in Annexures-A and B which show the area of the plots on which the water body is situated and also show the area which has been encroached by the villagers. It is specifically stated at para 9 that the water body area is free from any sort of encroachment. The encroachment is being made by the villagers on the flanks of the water body. It has further been stated that the State has taken steps to institute encroachment proceeding against all such persons who have encroached upon the land which adjoins the water body. It is expected that the Circle Officer, S.D.O. and the Officers-in-Charge of the various thanas would be vigilant and not allow further encroachment or allow the villagers to change the nature of the land, by filling earth, and thereafter constructing their hut on the land, which are recorded in the Sarait register as Jalkar/Pokhar. Counsel for the petitioner submits that after the settlement, persons have encroached upon the land which are adjoining the water body. It is further submitted that only water body area can be recorded as jalkar/ pokhar in the sarait 3 register. The latter submission of the petitioner does not appear to be correct. A plot of land may be recorded as in the sairat register as a pokhar or sairat which would obviously also comprise land appertaining thereto. To say that the land appertaining to the pokhar is not part of the pokhar, would be an absurd presumption. A pokhar cannot be exist in a vacuum.Therefore, I do not find much merit in the submission made on behalf of the petitioner. Nevertheless, it goes without saying that the petitioner society and its members should be protected if the persons who have encroached upon the flanks and lands adjoining the pokhar and jalkar act in any manner which would be detrimental to the petitioner in conducting the business of fishing. This writ application is disposed of with a direction to the District Fisheries Officer as well as the Circle Officer/ District Magistrate to take all steps to protect the rights of the petitioner society, if there is any such complaint made by the petitioner society before the Circle Officer/ District Magistrate/ District Fisheries Officers. An argument has been raised on behalf of the 4 petitioner that the revenue charged for the settlement should be in accordance with the area of the water body. The petitioner at the time of taking settlement of the various jalkars was very much aware of the fact that the jalkars were not situated over the entire plot of the land mentioned in the sarait register, it is obvious that in a plot of land containing a jalkar, some land surrounds the jalkar for the purpose of approaching the jalkar, which is also necessary for conducting the business of fishing. It cannot be said that the settlement has been made for the lands which are parti land adjoining the jalkars rather, it has been made over the entire chunk of land which includes the pokhar or jalkar. This writ application is disposed of with the aforesaid observations and directions. Anilkr.sinha (Sheema Ali Khan, J.)