IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15308 of 2009 1. JHANJHARPUR ANCHAL MATSYAJIVI SAHAYAG SAMITI LTD. THROUGH ITS SECRETARY NAMELY BAIDYANATH MUKHIYA. 2. BAIDYANATH MUKHIYA SON OF LATE CHANCHAL MUJHIYA RESIDENT OF VILLAGE NARUAR POLICE STATION BHAIRABASTHAN DISTRICT MADHUBANI ---PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR PATNA. 2. SECRETARY, DEPARTMENT OF FISHERIES AND ANIMAL HUSBANDRY GOVERNMENT OF BIHAR, PATNA. 3. DIRECTOR, FISHEREIS BIHAR, PATNA. 4. DISTRICT FISHERIES OFFICER CUM CHIEF EXECUTIVE OFFICER, MADHUBANI -----RESPONDENTS. ---------- 02. 12.11.2009. Heard learned counsel for the petitioners and the State. 2. Petitioner no.1 is the fishermen co-operative society and petitioner no.2 is its Secretary. The society was settled with 167 tanks under order bearing Memo No.471 dated 12.8.2009, Annexure-4 for the period between 01.10.2008 till 30.9.2011. Having taken the settlement petitioner requested the authorities to proportionately reduce the settlement amount as the settlement was made under order dated 12.8.2009 with effect from 1.10.2008. The District Fisheries Officer, Madhubani did not agree for such reduction. Petitioner, accordingly, approached the Director, Fisheries, Bihar, Patna and the proportionate reduction matter is still pending before the Director. Meanwhile, the District Fisheries Officer exercising his power under Section-7(xii)(ga) of the Bihar Jalkar Management Act, 2006(hereinafter referred to as “the Act”) has proceeded to cancel the aforesaid settlement of the tanks made in favour of the society under Annexure-4. The order is dated 29.10.2009 and is contained in Anexure-7 to this application. 2 3. Having cancelled the settlement of the tanks in question made in favour of the society, the District Fisheries Officer has issued memo No.744 dated 2.11.2009, Annexure-10 whereunder he has fixed 24.11.2009 at 11.30. a.m. for the fresh auction of the tanks in question. Petitioner has filed this writ application assailing orders dated 29.10.2009, Annexure-7 and 2.11.2009, Annexure-10. 4. Having heard counsel for the parties, I am of the view that as the matter concerning proportionate reduction of the settlement amount is pending before the Director, Fisheries, which appears is the basis for cancelling the settlement of the tanks in question under order dated 29.10.2009, Annexure-7 and fresh auction under order dated 2.11.2009, Annexure-10, it is deemed expedient to direct the petitioner to approach the Director, Fisheries, who is the appellate authority in terms of the provisions contained in Section 14 of the Act by filing the appeal against orders dated 29.10.2009 and 2.11.2009, Annexures-7 and 10 on or before 16.11.2009 and the Director, Fisheries shall be obliged to dispose of the appeal by 21.11.2009 so that further proceeding may take place in the light of the orders of the Director, Fisheries. 5. Learned counsel for the petitioner has informed this Court that Director, Fisheries is on leave, in the circumstances, compliance of this order be made by the Director-In-Charge. 6. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)