IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11778 of 2009 BOKHARA PRAKHAND MATSYAJIVI SAWABLAMBI SAHYOG SAMITI LTD. THROUGH ITS CHIEF EXECUTIVE SMT. SIYA DEVI WIFE OF SRI RAM PRAMOD SAHNI, RESIDENT OF VILLAGE- BOKHARA, TOLEY BAGARWAN, P.S. NANPUR, DISTRICT SITAMARHI Versus THE STATE OF BIHAR & ORS ----------- 3 14.9.2009 The petitioner seeks a direction to respondent no.1 the Secretary, Fisheries Department, Bihar, Patna to dispose of the appeal being Misc.Case No.16 of 2009 pending before him under section 14(ii) of the Bihar Fisheries Jalkar Management Act, 2006. Counsel for respondent no.4 states that section 14(ii) of the Act did not provide for second appeal before the Secretary, Fisheries Department, Bihar, Patna. She further submits that an appeal preferred under section 14(ii) of the Act to the court of the Departmental Commissioner would be the first appeal from the order of the Director, Fisheries as provided under section 7(ii) & (iii) of the Bihar Fisheries Jalkar Management Act, 2006. In support of her contention, she has referred to a decision in the case of Kusheshwar Asthan Prakhand Matshyajivi Swawlambi Sahyog Samiti Ltd Vs State of Bihar & Ors, reported in 2007(1) BLJ 91. The petitioner submits that he had moved departmental Secretary in view of the observations made by this court by order dated 23.6.2009 passed in C.W.J.C.No.11659 of 2008. The aforesaid case was filed by respondent no.4 against 2 KHAN the order dated 23.6.2008 of the Director, Fisheries, Bihar, Patna. In the aforesaid case this court had granted liberty to the respondent no.4, who is the petitioner in this case, to move under section 14(ii) of the Act before the Commissioner. Counsel for the petitioner agrees with the submissions made by counsel for respondent no.4 that there will not be further appeal from the order of the Director, Fisheries before the Departmental Secretary in view of the decision in the case of Kusheshwar Asthan Prakhand Matshyajivi Swawlambi Sahyog Samiti Ltd (supra). In view of the aforesaid facts and circumstances, this court permits the petitioner to withdraw this application with liberty to file a fresh application for setting aside the order of the Director, Fisheries. With the aforesaid liberty, this application is permitted to be withdrawn. (S.P.Singh,J)