Civil Revn. No. 1524 of 1960. Case: Bidyadhari Spill Matsyajibi Samabaya Samity Vs State and Ors.. High Court of Calcutta (India)

Case NumberCivil Revn. No. 1524 of 1960
CounselFor Appellant: Alak Gupta and Manas Nath Roy, Advs. And for Respondents: J. Majumdar, Adv. for Opposition Parties (Nos. 1 to 3), Rabindra Nath Bhattacharji and Mukunda Deb Bhattacharjee, Advs. for Opposite Party (No. 4)
JudgesSinha, J.
IssueConstitution of India - Article 226
CitationAIR 1961 Cal 214, 65 CWN 685
Judgement DateAugust 03, 1960
CourtHigh Court of Calcutta (India)

Order:

Sinha, J.

  1. The facts in this case are shortly as follows: The petitioner is a co-operative society registered under the provisions of the Bengal Cooperative Societies Act. It was originally registered as far ago as 1929 and from time to time it took settlement of the fisheries in the Bidyadhari Spill Area. It is stated in the petition that the Society has developed these fisheries into planned and ideal fisheries. The last settlement taken by the petitioner society was to expire on the 31st March, 1960. The total area under settlement to the petitioner covered about 4000 bighas of land in the Bidyadhari Spill Area. It consisted of several settlements, including the four fisheries of the area of 246 bighas mentioned in Paragraph 3 of the petition. In the petition however, all mention of the remaining area has been left out. This application purports to be in respect of the settlement concerning these four fisheries, of an area of approximately 246 bighas. In all, the licenses issued to the petitioner, which expired on the 31st March, 1960 there was a clause to the effect that upon the expiration of the license, the licensee, meaning the petitioner, shall give up peaceful possession of the fishery to the Executive Engineer, Canals Division, or to a person authorised by him. If on the expiration of the term, the licensee was found to be in occupation, he shall be treated as a trespasser and liable to criminal proceedings being taken against him. It also laid down the amount of compensation that was to be paid for such unauthorised occupation. In contemplation of the expiration of the licenses, the petitioner society applied, on or about the 14th December, 1959 for a fresh lease. In the petition it is stated that the petitioner did not hear anything from Government with regard to the said application until the period of the existing license was over, but that on or about the 4th April, 1960 the petitioner society suddenly got a notice from the Sub-Divisional Officer, Irrigation, Tolly's Nulla, to the effect that it must give up possession of the fisheries referred to in paragraph 3 of the petition, immediately. Thereupon, the petitioner society pointed out that its application for a new license had not been dealt with, and thereafter it was allowed time till the 30th April, 1960 to vacate the area in question. It is about this time that the petitioner society learnt that the fisheries were going to be leased out to another society, namely, the Eastern Fishermen's Co-operative Society Ltd. for the year 1960-61.

  2. The complaint made in this application is that the rules require that the Registrar of Cooperative Societies should be consulted as to a desirable society that should take up the lease, and although in this case the Registrar was consulted and he recommended the petitioner and did not recommend the last-mentioned society...

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