IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.178 of 2011 5 30.6.2011 Mohaniya Thana Matsyajivi Sahyog Samiti Ltd. Mohaniya through its Secretary Munna Choudhary son of Sri Bigu Choudhary, resident of village Mohaniya Malah Toli, P.S. Mohaniya, Distt- Kaimur (Bhabhua) …. Petitioner/ Appellant VERSUS 1. The State of Bihar through Principal Secretary, Animal Husbandry and Fisheries Department, Bihar, Patna 2. The Collector, Kaimur, Bhabhua 3. The Sub- Divisional Officer, Mohaniya 4. The Circle Officer, Mohaniya, Distt- Kaimur, Bhabhua 5. The District Fisheries Officer- cum- Chief Executive Officer, Kaimur, Bhabhua …… Respondents/ Respondents -------- For the appellant : Ms M. Chatterjee, Advocate For the State : Mr R.K.Samrendra, SC 2 --------- Heard learned counsel for the appellant and learned counsel for the State. The appellant Samiti had taken settlement of fisheries for the period 1.7.2006 to 30.6.2011. The connected writ petition was filed in the year 2010 for a direction to the concerned District Fisheries Officer to charge less money than the settled amount on the ground that petitioner could not come in possession over the entire water body (Jalkar) settled with it. - 2 - From the counter affidavit filed in the writ case it was shown that the plots in which the water bodies are situated have been encroached by some persons but the categorical stand of the State is that there is no encroachment upon the water body settled with petitioner and accepting the same, no relief was given to the appellant by the Writ Court. In our considered view, it would not be proper to entertain this kind of dispute over facts in writ jurisdiction. Hence, we are not persuaded to interfere with the order of the Writ Court. The appeal is dismissed. If so advised, the appellant may pursue its remedy through appropriate civil proceeding or through proceeding before the departmental authorities in accordance with law. sk (Shiva Kirti Singh, J.) (V. Nath, J. )