IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.375 of 2010 1. ROHIT SAHANI @ ROHIN SAHANI S/O RAM CHARITRA SAHANI R/O VILL.- SURAULI, P.O.- SURAULI, P.S.- BIBHUTIPUR, DISTT.- SAMASTIPUR, AT PRESENT GROUP LEADER OF SURAULI GRAM PANCHAYAT, SURAULI Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, FISHERIES BIHAR, OLD SECRETARIAT, PATNA 3. THE DIRECTOR, FISHERIES BIHAR, OLD SECRETARIAT, PATNA 4. THE DISTRICT FISHERY OFFICER-CUM-CHIEF EXECUTIVE OFFICER SAMASTIPUR, P.S.- SAMASTIPUR, DISTT.- SAMASTIPUR 5. THE CHIEF EXECUTIVE BIBHUTIPUR ANCHAL MATSYA JIBI SWAWLAMBI SAHKARI SAMITEE LTD., VILLAGE & POST- SINGHIYA GHAT, P.S.- BIBHUTIPUR, ANCHAL- BIBHUTIPUR, DISTT.- SAMASTIPUR 6. PAPPU SAHANI S/O LATE ANUP LAL SAHANI R/O VILL.- SINGHIYA GHAT, P.O.- SINGHIYA, P.S.- BIBHUTIPUR, DISTT.- SAMASTIPUR, CHIEF EXECUTIVE OF BIBHUTIPUR ANCHAL MATASYA JIBI SWAVLAMBI SAHKARI SAMITEE LTD., SINGHIYA GHAT, BIBHUTIPUR, DISTT.- SAMASTIPUR 7. THE CHAIRMAN BIBHUTIPUR ANCHAL MATSYA JIBI SWAWLAMBI SAHKARI SAMITEE LTD., VILLAGE & POST- SINGHIYA GHAT, P.S.- BIBHUTIPUR, ANCHAL- BIBHUTIPUR, DISTT.- SAMASTIPUR 8. LALOO SAHANI S/O LATE ANUP LAL SAHANI R/O VILL.- SINGHIYA GHAT, P.O.- SINGHIYA, P.S.- BIBHUTIPUR, DISTT.- SAMASTIPUR, PRESENTLY THE CHAIRMAN OF BIBHUTIPUR ANCHAL MATASYA JIBI SWAVLAMBI SAHKARI SAMITEE LTD., SINGHIYA GHAT, BIBHUTIPUR, DISTT.- SAMASTIPUR 9. SANTOSH SAHANI S/O SRI NARAYAN SAHANI R/O VILL.- SHAHPUR, P.O.- BHUSWAR, P.S.- BIBHUTIPUR, DISTT.- SAMASTIPUR ----------- 3. 18.01.2010. Heard learned counsel for the petitioner, State of Bihar as also the counsel for Private Respondent Nos. 5 to 9 who has also filed counter affidavit, copy whereof has been served on the counsel for the petitioner who along with the counsel for the State is praying for time to file rejoinder/counter affidavit but the nature of the order which this Court is proposing to pass does not admit of any such adjournment. In the circumstances, the writ petition is being disposed of on the basis of the submissions made by the counsel for the parties and having considered the averments made in the writ petition and the counter affidavit. 2. Petitioner is the Group Leader elected by the members of Sirauli Gram Panchayat of Bhibhutipur Block Fishermen Self Supporting - 2 - Cooperative Society Limited. (hereinafter referred to as the “Society”). He is aggrieved by the action of the District Fishery Officer who proceeded to settle the tank in-question in favour of Resppondent No. 9 ignoring the representation of the petitioner dated 16.7.2009, Annexure-3 on the basis of which notice was issued by the District Fishery Officer under Memo No. 321 dated 29th July, 2009 to the Chief Executive of the Society which is contained in Annexure-4. 3. It is submitted on behalf of the petitioner that aforesaid settlement has been made contrary to the provisions contained in Section 10 (ii) (Ka) and (Kha) of the Bihar Fish Jalkar Management Act, 2006 (hereinafter referred to as the “Act”) which inter alia provides that the Jalkar in-question be settled with the members of the Society who are residents of the same village in which the Jalkar is situate and if the members are not available in the same village then to the members of the adjoining village but ignoring such fact the Jalkar in-question has been settled with Private Respondent No. 9 who is not the resident of the same village in which Jalkar is situate. 4. Aforesaid contention is refuted by the Private Respondent No. 9 on the ground that petitioner has already been settled with one Jalkar, namely, Sirauli School Tank and his claim over the tank in-question is not in tune with the provisions of the Act. It is further submitted on behalf of Respondent No. 9 that the writ petition was filed on the ground that Private Respondent No. 9 who has been settled with the tank in-question is not the member of the Society. Such fact is incorrect in view of the receipt dated 20.4.2009 and membership list dated 30.4.2009, as contained in - 3 - Annexures- C and C/1 to the counter affidavit, which would indicate that Private Respondent No. 9 is a member of the Society. 5. Counsel for the petitioner in rejoinder, however, submitted that the documents which show that Santosh Sahni is the member of the Society has been created after the petitioner filed his representation dated 16.07.2009, Annexure-3 only with a view to defeat his case although on the date of settlement he was not the member of the Society. 6. Aforesaid submissions made on the merit of the case is not required to be considered by this Court as representation of the petitioner raising aforesaid submission dated 16.7.2009, Annexure-3 is still pending before the District Fishery Officer in response whereto he has also issued notice and Private Respondent Nos. 5 to 9 have filed their reply dated 11.8.2009, contained in Annexure-E to the counter affidavit. 7. In the circumstances, I deem it expedient to direct the District Fishery Officer, Samastipur to consider the claim of the petitioner as set out in the representation dated 16.07.2009, Annexure-3 in the light of the reply submitted by Pappu Sahni under his letter dated 11.8.2009, Annexure-E to the counter affidavit, as early as possible, in any case within a period of one month from the date of receipt of the supplementary representation along with a copy of this order after giving opportunity to Respondent Nos. 5 to 9. 8. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)