- (1.) This appeal under Clause 10 of the Letters Patent Appeal is directed against the judgment dated 1st May, 1998 passed in C.W.J.C. No. 1258 of 1996 whereby the learned Single Judge dismissed the writ petition holding that no fishery right accrued to the petitioner.
(2.) It appears that the petitioner filed the writ petition challenging the order passed by the Additional Collector, Dumka in Revenue Misc. Case No. 5 of 1985-86 and the appellate order of the Deputy Commissioner, Dumka in Revenue Misc. Appeal No. 41 of 1985-86 with regard to a dispute relating to the proposed settlement of a tank situated in Mauza Baghohari within Kundahit Anchal of Dumka district. The contention of the learned counsel for the appellant is that neither he was an ex-intermediary nor his right and interest over the tank were vested in the estate under the provisions of the Bihar Land Reforms Act. It was further contended that the right of fishery is an 'encumbrance'. The learned Single Judge noticed the amendment brought in the Act in the year 1990 and by the said amendment, 'fishery and ferry rights' have been included within the meaning of estate. On consideration of relevant facts the learned Single Judge upheld the order passed by the revenue authorities.
(3.) Learned counsel appearing for the appellant assailed the impugned judgment mainly on the ground that in any event admittedly fishery right was exercised by the petitioner in between 1985-86 and before the amendment came into effect, he has perfected title by adverse possession.;