| learned senior counsel appearing for the state fishery development corporation ltd contended that a compromise decree between the parties in a suit for partition will not in army way affect the rights of the state in respect of the fisheries whether such rights the state acquires by virtue of an order of requisition under the requisition act or by virtue of any other statutory provisions under which the fisheries right vest in the state. it was further contended that this court while giving affect to the compromise arrived at between the sarkar family made it explicitely clear that the said compromise will not in any way affect the rights of the state over the fisheries even if those fisheries agreed to be divided between the parties and in that view of the matter and the state of west bengal having already requisitioned the nalban fishery and having taken possession of the same the receiver could not have taken possession of the said nalban fishery pursuant to the order of this court appointing the collector 24 parganas as receiver and under the circumstances the said receiver rightly intimated this court about the mistake committed by him and re delivered possession of nalban fishery to the state of west bengal. contended that the order of the high court of honourable mr justice deepak kumar sen dated 23 9 1980 directing the receiver to allow m s ghose and saha surveyors to make proper demarcation in the nalban fishery dividing the same in two lots and thereafter carry out the directions of the supreme court in respect thereof has become final the same not having been challenged by the state of west bengal and therefore it would not be open for the said state in application for execution of the decree to raise the question of vesting of the nalban fishery with the state and the court would not interfere with the direction given by the learned single judge and division bench of the calcutta high court. |