IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15525 of 2007 BIHARSHARIF TOWN NAGARPALIKA MATSYAJIVI SWABLAMBI SAHAKARI SAMITI LIMITED THROUGH ITS CHIEF EXECUTIVE NAMELY AMIR KHUSROO, SON OF MD. MOKHTAR AHMAD, RESIDENT OF MOHALLA MAHUA TOLA, P.S. BIHARSHARIF, DISTRICT NALANDA. --------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY, ANIMAL & FISH RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, NALANDA. --------------------------------------------------------------- RESPONDENTS ----------- 4 4.8.2010 This writ application has been filed making a prayer therein that the petitioner should be refunded part of the amount that has been paid by the petitioner Biharsharif Town Nagarpalika Matsyajivi Swablambi Sahakari Samiti Limited for settlement made for the period 2006-07 and 2010-11. Under the provision of the Bihar Fish and Jalkar Management Act, 2006. The settlement year is counted from 1st of July, 2006. Accordingly the petitioner was although issued the settlement order on 16.3.2007, the settlement amount is sought to be realized from 1st of July, 2006. Learned counsel for the petitioner submits that the petitioner was not given possession of the Jalkars in question and as such he was not in a position to carry out any business during the said period and as such the realization of the amount between 1.7.2006 to 16.3.2007 is unwarranted. In support of her contention, learned counsel relies on various decisions which are as follows: CWJC No. 15439 of 2007, disposed of on 20.7.2009, CWJC No. 11864 of 2009, disposed of on 7.10.2009, CWJC No. 12896 of 2009, disposed of on 5.10.2009, CWJC No. 9826 of 2009, disposed of on 17.8.2009, CWJC No. 16615 of 2009, disposed of on 2 12.1.2010 and CWJC No. 7150 of 2009, disposed of on 29.6.2009. In all the aforesaid decisions, this Court has come to the conclusion that the proportionate amount of settlement should be deposited by the settlee in view of the fact that the settlee was not in a position to carry out any business related to the development of the Jalkars and due to the delay in settlement it is submitted that the fishermen suffer financially if they were made to pay the entire amount of money, although they could not utilize the Jalkars. In view of the aforesaid decisions of this Court, the District Fisheries Officer- cum-Chief Executive Officer, Nalanda is directed to refund the money in proportion to the period of settlement in favour of the petitioner. This writ application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)