IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17902 of 2009 1. SIYA RAM MUKHIYA S/O LATE MUKHALAL MUKHIYA, R/O VILL- VIJAY PRARIYA, P.O +P.S- GHORA SAHAN, DISTT- EAST CHAMPARAN, MOTIHARI. 2. SATYA NARAYAN SAHNI S/O LATE PUNIT SAHNI R/O VILL- BHALUACHI TOLA, KADAMUA, P.O- PARARIYA, P.S- GHORA SAHAN DISTT- EAST CHAMPARAN, MOTIHARI, BOTH PETITIONERS ARE MEMBERS OF THE SAME SOCIETY (GHHORASAHAN PRAKHAND MATSYAJIVI SAHYOG SAMITI LTD. GHORASAHAN, DISTT- EAST CHAMPARAN, MOTIHARI Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR FISHERIES, BIHAR, PATNA 3. THE DISTRICT FISHERIES OFFICER CUM CHIEF EXECUTIVE OFFICER, EAST CHAMPARAN, MOTIHARI 4. GHORA SAHAN PRAKHAND MATASYAJIVI SAHAYOG SAMITI LTD., GHORA SAHAN THROUGH ITS ADMINISTRATOR, DISTT- EAST CHAMPARAN, MOTIHARI ----------- 02. 22.12.2009 Heard learned counsel for the petitioners and the State. 2. It appears a request was made by Mr. Surendra Mishra, Administrator, Ghorasahan Block Fishermen Co-operative Society Ltd. to the Director, Fisheries, Bihar, Patna to cancel the instructions of the District Fisheries Officer-cum Chief Executive Officer, Motihari contained in letter No. 1055 dated 20.11.2009 addressed to the Officer-in-Charge, Ghorasahan, Annexure-11. Having considered the request, it appears the Director Fisheries, Bihar, Patna passed two contradictory orders, one under memo No.1967 dated 2.12.2009 and the other contained in Memo No.1972 dated 3.12.2009, Annexures-2 and 1. 3. Learned counsel for the petitioners states that the aforesaid two orders run counter to each other and thereby the interest of the settlees of the Jalkar by the erstwhile Secretary of the Co- operative Society has been brought under cloud and in fitness of things the Director, Fisheries, Bihar, Patna should reconsider the matter once again after hearing the petitioners as also the - 2 - Administrator, Ghorasahan Block Fishermen Co-operative Society Ltd. and any other settlee, who wish to be heard in the matter. 4. I see substance in the submission of the learned counsel for the petitioners and accordingly, order dated 2.12.2009 and 3.12.2009, Annexures-2 and 1 are quashed. Petitioner, private respondent no.4 as also the intervener, namely, Bihari Sahani and Bhairav Sah are directed to appear before the Director, Fisheries, Bihar, Patna on 14.01.2010 when the Director shall reconsider the matter and pass appropriate orders in accordance with law at the earliest. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)