IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12896 OF 2009 (1) TARDIH PRAKHAND MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD, CHAIRMAN BAIDYANATH MUKHIYA, KAITHWAR, SAKATPUR, DARBHANGA (2) BAIDYANATH MUKHIYA, KAITHWAR, SAKATPUR, DARBHANGA VERSUS (1) THE STATE OF BIHAR & (2) THE DISTRICT FISHERIES OFFICER CUM CEO, DARBHANGA. ----------- 2 05.10.2009. Heard learned counsel for the parties. The petitioners have come to this Court for a direction to respondent no.2, the District Fisheries officer to accept the revenue for the month of September, 2009 against settlement of year 2008- 09 and not as per direction communicated to them vide letter no. 553 dated 4.9.2009 as contained in annexure 2. Learned counsel for the petitioners submits that by order contained in annexure 2 dated 4.9.2009, 18 jalkars of block Tardih were settled with their society for years 2008-09, 2009-10 & 2010- 11 at the annual rate of Rs.1,22,546/-. He submits that the only dispute is with regard to payment of revenue for the year 2008-09 as the settlement for this period had belatedly been made in favour of his society on 4.9.2009. Only 26 days were available for the fishing in years 2008-09, as such, revenue for these 26 days could have demanded, instead of whole year commencing from 1.10.2008 to 30.9.2009. There seems substance in the submission of petitioners that no revenue could be charged for the period for which fishing right has not been granted. Perusal of letter of the District Fisheries Officer dated 4.9.2009 shows that there was no settlement of jalkar with the petitioners prior to it. - 2 - I direct the petitioners to deposit proportionate revenue/reserved jama for the month of September 2009 only for the year 2008-09 on pro rata basis. The petitioners would deposit full revenue for the year 2009-10 and 2010-11. The respondents would accept revenue accordingly and allow petitioners’ right as per letter no. 553 dated 4.9.2009. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J.)