IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15904 of 2009 VIJAY SINGH, SON OF LATE PARSADI SINGH, RESIDENT OF VILLAGE BARUN, P.S.BELDAUR, DISTRICT KHAGARIA. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, DEPTT. OF FISHERIES, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, FISHERIES, BIHAR, PATNA. 4. THE DISTRICT FISHERIES OFFICER, KHAGARIA. 5. RANJEET CHOUDHARY, SON OF RAM RAKSHI CHOUDHARY, RESIDENT OF VILLAGE RAM NAGAR, P.S. BELDAUR, DISTT. KHAGARIA. 6. RAM BAHADUR SAHANI, SON OF LATE RASIK SAHANI, RESIDENT OF VILLAGE SWARNPURI, P.S. BELDAUR, DISTT. KHAGARIA-----RESPONDENTS. --------- 02. 20.11.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is the member of Beldaur Block Fisherman Self Supporting Co-operative Society Limited, Ram Nagar, Khagaria. He was settled fishing rights in the tank in question for the period 2006-07 till 2010-11 vide agreement dated 5.10.2006 as contained in Annexure-1 to this application. In terms of the agreement petitioner was also issued Parwana and he deposited the amount. While he continued with the fishing activities in the tank in question he has been served with the order bearing Memo No.891 dated 10.9.2009, Annexure-4, whereunder the tank in question has been settled with Ram Bahadur Sahani, respondent no.6 by the Additional Collector, Khagaria. 3. It is submitted on behalf of the petitioner that the Additional Collecotor, Khagaria has no jurisdiction to intervene in the matter. The settlement having been made with the petitioner for five years, the impugned order dated 10.9.2009, Annexure-4 ought not to have been issued by the Additional Collector without hearing the petitioner as also without annulling the settlement made in favour of - 2 - petitioner, Annexure-1. It is also submitted that till date the competent authority has neither noticed the petitioner nor the settlement made in his favour, Annexure-1 has been annulled and he is in possession of the tank in question. 4. Having heard counsel for the parties, I direct the petitioner to approach the Director, Fisheries, Bihar, Patna and invite his attention towards the order bearing Memo No.891 dated 10.9.2009, Annexure-4 and if the Director is satisfied that the order dated 10.9.2009 has been passed in teeth of the settlement made in favour of the petitioner vide Annexure-1 as also in teeth of the provisions contained in the Bihar Fish Jalkar Management Act, 2006, the Director shall pass appropriate orders in accordance with law, as early as possible, in any case within one month from the date of receipt of the representation of the petitioner along with a copy of this order. It shall be open for the petitioner to request the Director, Fisheries to pass interim order in the matter. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)