IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3030 of 2011 1. RISHIKESH KASHYAP SON OF JIWACHH PD. SAHNI, R/O- MOHALLA- SHIVAJI NAGAR, P.S.- TOWN, DISTT. DARBHANGA CHAIRMAN DARBHANGA MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD. SHIVAJI NAGAR. 2. DARBHANGA MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD. SHIVAJI NAGAR THROUGH ITS CHAIRMAN, RISHIKESH KASHYAP SON OF JIWACHH PD. SAHNI, R/O- MOHALLA- SHIVAJI NAGAR, P.S.- TOWN, DISTT. DARBHANGA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY REVENUE DEPARTMENT, BIHAR, PATNA. 2. THE ASSISTANT DIVISIONAL ENGINEER-II, DARBHANGA, EAST CENTRAL RAILWAY. For the petitioners : Mrs. M. Chatterjee, Advocate. For the State : Mr. Ajay Kumar, A.C. to A.A.G.-VII ----------- 2 22.02.2011 Heard both sides. Petitioner No. 1 is a society called Darbhanga matsyajivi Swablambi Sahkari Samiti Ltd registered under the Bihar Self Supporting Co-operative Societies Act, 1996 at the district level and the petitioner No. 2 is its Chairman. They have called in question the two notices for auction of pond belonging to Railways as contained in Annexures-6 and 7. Smt. Chatterjee, learned counsel appearing on behalf of the petitioners, submits that she would not be pressing the present application so far as Annexure-6 is concerned. It is the case of the petitioner that they are registered societies at the district level and as such the pond/jalkar belonging to the Railways should be settled with them in view of different circulars/resolutions/decisions of the Railways. In this regard, she has placed reliance on a decision of this Court rendered in 2 C.W.J.C. No. 5337 of 2009 (Annexure-5). It is submitted that the counsel for the Railways had made a statement before the Court that the Railways is bound to make settlement in accordance with its own circulars and rules which has been quoted in the counter affidavit. It appears that the auction notice in the said case itself contained a clause that preference would be given to the fisherman cooperative societies. Apart from the aforesaid decision of the Court, no other document has been placed in order to make out a case that the Railways have decided in principle to settle their jalkars/ponds with the fisherman cooperative societies inasmuch as the present notice inviting tender/auction does not contemplate any such condition. In that view of the matter, this Court is of the view that the claim of the petitioners is not founded on any material emanating from the Railways and placed on record of the case enabling this Court to enforce the same. At this stage, learned counsel appearing on behalf of the petitioners submits that the petitioners would be approaching the authorities under the Act for ventilation of their grievances. The application is permitted to be withdrawn with the aforesaid liberty. pkj ( Kishore K. Mandal, J. )