IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5999 of 2010 1. MOSMAT DROPADI DEVI W/O LATE JAI RAM MANDAL R/O VILL.- BHAWANIPUR, P.O.- BHAWANIPUR, P.S.- BHAWANIPUR (BIHPUR), DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ANIMAL HUSBANDRY AND FISHERY DEPARTMENT, BIHAR PATNA 2. THE DIRECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, BHAGALPUR 4. THE SUPERINTENDENT OF POLICE, NAUGACHIA 5. THE DEPUTY SUPERINTENDENT OF POLICE, NAUGACHIA 6. THE DISTRICT FISHERY OFFICER-CUM-EXECUTIVE OFFICER, BHAGALPUR 7. THE SUB-DIVISIONAL OFFICER, NAUGACHIA, DISTT.- BHAGALPUR 8. THE OFFICER-IN-CHARGE, BHAWANIPUR POLICE STATION, DISTT.- BHAGALPUR 9. BECHAN SAH @ BACHNESHWAR SAH S/O LATE SHYAM SAH R/O VILL.- RAIPUR, P.S.- BHAWANIPUR (BIHPUR), DISTT.- BHAGALPUR ----------- 02/ 08.04.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is the settlee of the tank in question in terms of the order contained in letter no. 440 dated 19.9.2008, Annexure-3. 3. It is submitted on behalf of the petitioner that in spite of the settlement made in her favour for the period 1.7.2008 till 30.6.2013, she is not being allowed to enjoy the usufructs of the settlement, as private Respondent no.9 is attempting to disturb the fishing operation conducted by the petitioner in the tank in question in the light of the orders of this Court dated 23.12.2009, Annexure-16 to this application. In this connection, petitioner has also invited the attention of the District Fisheries 2 Officer, Respondent no.7, who has instructed the Officer-in- charge, Bhawanipur to look into the matter under his letter dated 16.2.2010, Annexure-19, but the Officer-in-charge, Bhawanipur in collusion with the private Respondent is not ensuring peaceful fishing activity in the tank in question by the petitioner. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to appear before the District Magistrate, Bhagalpur and represent before him that in spite of the settlement of the tank in question being made in her favour under order dated 19.9.2008, Annexure-3 and petitioner complying with the terms of the settlement, is not being permitted to fish in the tank in question by the private Respondent, whereafter the District Magistrate, Bhagalpur should enquire into the matter and if it is found that the petitioner has complied with the terms of the settlement, the Collector should ensure that the fishing activity by the petitioner in the tank in question is not disturbed not only by the private Respondent, but also by other persons. The District Magistrate, Bhagalpur should look into the matter, as early as possible, in any case within two weeks of the receipt of the representation from the petitioner along with a copy of this order. 5. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)