IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.15952 of 2006 ====================================================== 1. Bakerganj Machhua Swablambi Swablambi Sahkari Samiti Limited, Bakerganj, Laheria Sarai, Darbhanga through its President Shiv Kumar Sahani son of Late Thako Sahani resident of Mohalla Bakerganj, P.O. & P.S. Laheria Sarai District Darbhanga. 2. Manigachhi Prakhand Matsyajeevi Sahakari Samiti Limited, Manigachhi Darbhanga through its Secretary Ramdyal Sahani son of Sri Ram Khelwan Sahani resident of village-Jagdishpur, P.O. Nehra, P.S. Manigachhi, District-Darbhanga. 3. Bahadurpur Prakhand Matsyajeevi Sahyog Samiti Limited, Bahadurpur, Darbhanga through its Secretary Baleshwar Sahani son of Badhu Sahani resident of Sinuar Gopal Tola, P.O.-P.S. Bahadurpur, District- Darbhanga. .... .... Petitioners Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Secretary, Animal Husbandry and Fisheries Department, Bihar, Patna. 3. The Secretary, Co-operative Department, Bihar, Patna. 4. The Director, Fisheries Department, Bihar, Patna. 5. The Registrar, Co-operative Societies, Bihar, Patna. .... .... Respondents ====================================================== Appearance : For the Petitioners : Mr. Arvind Kumar Tewary, Advocate, Mr. Subhash Kumar, Advocate & Mr. Anil Kumar Singh, Advocate For the Respondents : Mr. Lalit Kishore, A.A.G. 1 Mr. Vikash Kumar, A.C. to A.A.G.1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN Patna High Court CWJC No.15952 of 2006 (8) dt.05-05-2011 2 ORAL JUDGMENT 5th May 2011 (Per: HONOURABLE THE CHIEF JUSTICE) This petition under Article 226 of the Constitution is filed by three Co-operative Societies of Fishermen to challenge the constitutional validity of the Bihar Fish Jalkar Management Act, 2006 (hereinafter referred to as “the Act of 2006”). It is alleged that the said Act is inconsistent with the provisions of the Bihar Co-operative Societies Act, 1935 and is contrary to Article 243G of the Constitution. Although there is no challenge to any specific provision/s of the Act of 2006. Learned Advocate Mr. Arvind Kumar Tiwary has appeared for the petitioners. He has submitted that the provision under challenge is Clause (viii) of Section 7 of the Act of 2006. Section 7 of the Act provides for short term settlement. Clause (viii) thereof provides “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”. Learned Advocate Mr. Tiwary has submitted Patna High Court CWJC No.15952 of 2006 (8) dt.05-05-2011 3 that the said Clause (viii) does not provide for consultation with the concerned Panchayat. It is, therefore, in contravention of Article 243G of the Constitution. It does not give priority to the Co- operative Societies. Therefore, it is contrary to the Bihar Co-operative Societies Act, 1935. We are afraid, we are unable to agree with Mr. Tiwary. He has not been able to demonstrate how the Clause (viii) contravenes Article 243G of the Constitution. Further, a provision contained in one Act made by the State Government under its legislative powers cannot be held ultra-vires another Act enacted under its legislative powers. No other contention is raised before us. For the aforesaid reason the petition is dismissed. The parties will bear their own cost. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)