IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.522 of 2011 1. HANUMAN NAGAR PRAKHAND MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD., AT TISIDIH, P.S. MORO, DISTRICT DARBHANGA THROUGH ITS CHIEF EXECUTIVE NAMELY, ANGESHWAR SAHANI. 2. ANGESHWAR SAHANI, SON OF LAXMI SAHANI, R/O VILLAGE TISIDIH, P.O. + P.S. MORO, DISTRICT DARBHANGA. Versus 1. THE STATE OF BIHAR THROUGH SRI S.K. NEGI, PRINCIPAL SECRETARY, ANIMAL AND FISH RESOURCES DEPARTMENT, BIHAR, PATNA. 2. SHREE NISHANT AHMAD, THE DIRECTOR FISHERIES, BIHAR, PATNA. 3. SHREE SANTOSH KR. MALL, THE COLLECTOR, DARBHANGA. 4. SHREE SANTOSH KR. MALL, CHAIRMAN OF F.F.D.A. DARBHANGA. 5. SHREE DWARKA PRASAD GUPTA, SON OF LATE KEDAR GUPTA, R/O VILLAGE POTHIA, P.S. PHALKA, DIST. KATIHAR, AT PRESENT THE DISTRICT FISHERIES OFFICER, CUM CHIEF EXECUTIVE OFFICER, DARBHANGA. For the petitioner : Mr. Pasupati Pd. Singh, Advocate. For the State : M/s Subhash Pd. Singh, GA-7, Indeshwari Pd. Mandal, AC to GA-7. For opposite party no.5 : Mr. Abhinav Srivastava, Advocate. ------------------ 04. 23.08.2011 Heard learned counsel for the petitioner, the State and the counsel for opposite party no.5. Opposite party no.5 is also present during these proceedings. This contempt petition has been filed alleging non-compliance of the order of the High Court dated 18.03.2010 passed in C.W.J.C. No.4756 of 2010, Annexure-1, which has also been affirmed by the Division Bench under orders dated 18.08.2010 2 passed in L.P.A. No.1166 of 2010, Annexure-4. In compliance of the orders of the High Court opposite party no.5 passed order bearing Memo No.781 dated 29.09.2010, Annexure-6, whereunder request of the petitioner to refund the amount in compliance of the earlier order of the High Court dated 5.10.2009 passed in C.W.J.C. No.12896 of 2009 has been refused. Aforesaid order dated 5.10.2009 was also affirmed by the Division Bench under orders dated 18.08.2010 passed in L.P.A. No.1166 of 2010. Opposite party no.5, however refused the request of the petitioner to refund the amount on the ground that settlement was made in favour of petitioner on 25.06.2009 with effect from 1.7.2008 for three years i.e. 2008-09, 2009-10, 2010-11. In response to the aforesaid settlement the amount was deposited by the petitioner on 3.8.2009 for the settlement year 2008- 09. It is submitted that as the amount has been deposited after the expiry of the settlement year, it is to be presumed that petitioner enjoyed the fruits of Jalkar during the settlement year 2008-09 in the light of the stay order granted by the High Court dated 3 20.05.2009 passed in C.W.J.C. No.6429 of 2009, Annexure-L to the supplementary show cause filed on behalf of opposite party no.5. It is further submitted that as the petitioner was defaulter for earlier years no settlement for these Jalkars should have been made in his favour on 25.06.2009. It is also submitted that the aforesaid writ petition(C.W.J.C. No.6429 of 2009) is still pending. Let opposite party no.5 refund the amount deposited by the petitioner for the settlement year 2008-09 on 3.8.2009 within one month from today but such refund shall be subject to the final orders passed in C.W.J.C. No.6429 of 2009 as also of the order of the Director, Fisheries, Bihar, Patna in response to the request of opposite party no.5 made under letter no.868 dated 1.11.2010, Annexure-J to the supplementary show cause filed on behalf of opposite party no.5. The contempt petition is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)