IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13638 of 2009 1. RAJIV KUMAR SINGH S/O GENDALAL SINGH VILL-DILLARPUR, P.S- MANIHARI, DISTT- KATIHAR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY ANIMAL HUSBANDARY AND FISHERIES DEPARTMENT, BIHAR, PATNA 2. THE DISTRICT MAGISTRATE KATIHAR 3. THE REGISTRAR CO-OPERATIVE SOCIETIES BIHAR, PATNA 4. THE JOING REGISTRAR CO-OPERATIVE SOCITIES KOSHI DIVISION, PURNEA 5. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCITIES, KATIHAR CIRCLE, KATIHAR 6. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER KATIHAR 7. PRABHAS KUMAR ADMINISTRATOR, MANIHARI ANCHAL MATSYAJIVI SAHYOG SAMITI LTD. MANIHARI-CUM-CLERK IN THE OFFICE OF ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES KATIHAR CIRCLE KATIHAR 8. YAMUNA PD. SINGH S/O LATE BHAGWAN SINGH R/O VILL-DILARPUR, P.S- MANIHARI, DISTT- KATIHAR-CUM-DALNAYAK ----------- 04/ 19.02.2010 Heard learned counsel for the petitioner, the State, private Respondent no.8 and the Intervenor, Sri Deo Narayan Singh. 2. Petitioner is the Group Leader, who was given settlement of the tank in question along with his group of 11 members of the Society, vide patta dated 1.10.2007 issued under the signature of Sri Rajendra Prasad Singh, the then Secretary of Manihari Block Fishermen Co-operative Society Ltd., Manihari. The patta is contained in Annexure-3, perusal whereof indicates that the settlement of the tank in question was made for the period 2007-08 till 30.6.2011. The patta, however, was valid for one year i.e. until 30.6.2008. Before expiry of the patta on 4.2.2008, the Co-operative Society was superceded and Administrator was appointed, who under orders dated 18.8.2009, allowed the 12 original settlee of the tank in question as also 28 2 other members of the Society as Group B to harvest fish from the tank in question. The induction of 28 members by the Administrator as beneficiary of the settlement is being objected to by the petitioner, as according to him only he and the 11 members should be allowed to carry on the fish farming in the tank in question for the remainder of the settlement term. In this connection, it is pointed out by the counsel for the petitioner that the petitioner and his group members never defaulted in deposit of the settlement amount, there was no occasion for the Administrator to induct 28 other members of the Society as Group B with direction to share the jalkar with the petitioner and his group of 11 member. The induction of 28 members as beneficiary of the tank tentamounts to depriving the petitioner and his group of the investment made by them in the tank in question while they remained in exclusive possession of the tank by virtue of the patta dated 1.10.2007. 3. Counsel for the private Respondent no.8 has opposed the prayer. He submits that the Secretary of the Society ignoring the interest of the 28 other members of the Society illegally issued patta of the tank in question in favour of petitioner and his group of 11 members, such settlement of the tank in question was detrimental to the interest of the majority members of the Society. The majority members of the Society moved the Collector of the district who instructed the District Fisheries Officer to look into the matter and thereafter enquiry 3 was made and in the light of the enquiry report, the Administrator inducted other 28 members as Group B settlee of the tank with liberty to them to share fish grown in the tank. 4. The intervenor, Sri Deo Narayan Singh has appeared in person. He claimed himself to be the member of the Society and according to him neither Group A nor Group B members are the genuine members of the Society, who should be given settlement of the tank in question, according to him members of both the group are strangers to the Society and direction be issued to the competent authority to examine the membership of the Society and patta of the tank in question for the remainder of the period of settlement be issued only in favour of those who are genuine and bona fide members of the Society. 5. Having heard counsel for the petitioner, the State, private Respondent no.8 and the Intervenor, I am of the view that the settlement of the tank in question has been made in favour of the Manihari Block Fishermen Co-operative Society Ltd. for the period 2007-08 till 30.6.2011. The Secretary of the Society settled the tank in question with the petitioner and his 11 other group members for the period 2007-08 which is evident from the patta dated 1.10.2007, Annexure-3 and until the validity of the patta i.e. 30.6.2008, petitioner and his 11 group members harvested the fish from the tank in question on the strength of their patta. After the period for which patta, 4 Annexure-3 was issued, became over in terms of the enquiry report, the Administrator allowed 28 other members of the society also to harvest fish from the tank in question under orders dated 18.8.2009, which led to filing of the present writ application and during the pendency of the writ application, no separate patta for the tank in question was issued in favour of either the petitioner and his group or in favour of the 28 members of Group B in the light of the interim order dated 15.10.2009 passed in the instant case. It is, thus, evident that after expiry of the patta dated 1.10.2007, Annexure-3, no fresh patta has been issued in favour of either the original patta holders or Group B members. 6. In the circumstance, when a dispute about the genuineness of the membership of the society has been raised, I deem it expedient to direct the Registrar, Co-operative Societies, Bihar, Patna to first verify the membership of both the groups i.e. Group A headed by petitioner and Group B headed by Yamuna Pd. Singh, private Respondent no.8 from the membership register in terms of the provisions contained in Rule 7 of the Bihar Co-operative Societies Rules and thereafter taking into account the larger interest of the Society and its members issue patta to harvest fish from the tank in question only to the valid members of the Society in accordance with law, as early as possible, in any case within three weeks from the date of receipt/ production of a copy of this order before the Registrar, Co- 5 operative Societies, Bihar, patna. Until issue of fresh patta neither Group A nor Group B members will be allowed to harvest fish from the tank in question. 7. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)