IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2213 of 2011 1. KOSHWAN JALKAR THROUGH DEO NARAYAN SINGH, S/O LATE MITHAN SINGH, MEMBER MANIHARI ANCHAL FISHERMEN CO-OPERATIVE SOCIETY,LTD. 2. KOSHWAN JALKAR, THROUGH ARUN KUMAR SINGH, SON OF LATE LAKARI SINGH, MEMBER MANIHARI ANCHAL, FISHERMENS CO-OPERATIVE SOCIETY LTD. AT & P.O. DILARPUR, P.S. MANIHARI, DIST. KATIHAR --- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH COLLECTOR KATIHAR, DIST. KATIHAR 2. THE DIVISIONAL COMMISSIONER, PURNEA, DIST. PURNEA 3. THE COLLECTOR, KATIHAR 4. THE ADDITIONAL COLLECTOR (REVENUE) KATIHAR 5. THE SUB DIVISIONAL OFFICER MANIHARI, DIST. KATIHAR 6. THE ANCHAL ADHIKARI MANIHARI, DIST. KATIHAR 7. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, DIST. KATIHAR 8. PRABHAS KUMAR, ADMINISTRATOR MANIHARI ANCHAL FISHER MANS COOPERATIVE SOCIETY LTD. AND ASSISTANT REGISTRAR COOPERATIVE SOCIETIES KATIHAR 9. THE REGISTRAR, COOPERATIVE SOCIETIES, PATNA, BIHAR 10. THE JOINT REGISTRAR, COOPERATIVE SOCIETIES, PURNEA DIVISION, PURNEA 11. THE DISTRICT COOPERATIVE OFFICER, KATIHAR, DIST. KATIHAR 12. RAJIV KUMAR SINGH SON OF GENDA LAL SINGH AND AWADHESH KUMAR SINGH SON OF LATE DAYAL LAL SINGH AT AND P.O. DILARPUR, P.S. MANIHARI, DIST. KATIHAR. 13. YAMUNA PRASAD SINGH SON OF LATE BHAGWAN SINGH AND YOGENDRA PRASAD SINGH SON OF LATE LAXMAN SINGH AT P.O. DILARPUR, P.S. MANIHARI, DIST. KATIHAR --- RESPONDENTS. ----------- 02 03.02.2011 Heard the petitioners, who appeared, in person and the State. Present application has been filed through Deo Narayan Singh and Arun Kumar Singh claiming themselves to be 2 member(s) of Manihari Anchal, Fishermen Co-operative Society Ltd. Para 1 of the application reads as under:- “1. That the respondents no. 12 and 13 claim the aforesaid Koshwan Jalkar within manihari Anchal for five years from 2007 to 30 June 2011 and the respondent no. 12 namely Rajib Kumar Singh S/o Genda Lal Singh and Awadhesh Kumar Singh S/o Late Daya Lal Singh and at and P.O. Dilarpur, P.S. Manihari, Dist. Katihar filed the writ application before the Hon‟ble High Court Patna vide C.W.J.C. no. 13638 of 2009 orders dated 14.10.2009. Photo Copy of Annexure-1 in this petition.” It is admitted position that settlement of „jalkar(s)‟ in question was made in favour of the eligible persons (respondents) in terms of order of this Court passed in L.P.A. No. 605 of 2010 (Annexure-3). The period of said settlement was 2007 to 30.06.2011. Grievance of the petitioners appears to be that aforesaid settlees are not paying amount as per the terms and conditions of settlement. It is, thus, the contention that the settlement in respect of aforesaid „jalkars‟ for the remaining period ( up to 30th June 2011) be made through open bid after cancelling the settlement. It appears from Annexure -3, that the present petitioners had made an application for intervention in the aforesaid proceeding ( L.P.A. No. 605 of 2010) which was considered and rejected by the Division Bench of this Court. Relevant part of the order reads as under:- “… At this juncture, we will be failing in our duty if we do not take note of the submission of Mr. Deo Narain Prasad, an intervener ( in person). It is apposite to note that he has not been given any right by the Administrator nor by the district Fisheries officer. He has not initiated any proceeding nor has he challenged any order. He has only intervened to have the benefit. The same is not 3 permissible and accordingly no relief can be granted to him and resultantly it is decided.” Accordingly, this Court is not inclined to grant any relief to the petitioners. However, considering the submission of the petitioners that the settlees of the aforesaid „jalkars‟ are not complying all the terms and conditions of settlement, this Court observes that if any such matter is brought to the notice of the respondent authorities, the same shall be considered and disposed of in accordance with law. Sym ( Kishore K. Mandal, J.)