IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2840 of 2007 Rajo Devi, Existing Secretary of Fisheries Co- operative Societies Ltd. Barauli W/O Ramchandra Sahani, resident of Village- Sikatia, P.S. Barauli, District-Gopalganj ----- Petitioner. Versus 1. The State of Bihar 2. The Secretary Animal Husbandry and Fisheries Department, Govt. of Bihar, Patna. 3. The Director, Fisheries Department, Old Secretariat, Govt. of Bihar, Patna. 4. The District Fishery Officer-cum-Chief Executive Officer, Gopalganj ---- Respondents. ------- 7. 16.1.2009 Heard Mr. Ram Chandra Sahni for the petitioner, and Mr. Narendra Kumar Sinha, learned Additional Advocate General No.10. The petitioner seeks a direction to the respondent authorities to refund a sum of Rs. 15,252/-(Rs. fifteen thousand two hundred fifty two), deposited by mistake by him for settlement of the Jalkar in question for the period 1.4.2006 to 30.6.2006. The respondents have placed on record their counter affidavits and have opposed the writ petition. We have perused the materials on record and considered the submissions of learned counsel for the parties. A large number of Jalkars of Barauli Anchal were settled in favour of the petitioner’s society up to 31.3.2006. The petitioner’s society had deposited the consideration money for fishery rights up to 31.3.2006, in time and is not in dispute. However, in anticipation of extension of the settlements, the society deposited the said sum of Rs. 15,252/-, with respondent no.4, but the settlements were not renewed on account of the ban 2 imposed by the State Government in the Department of Animal Husbandry and Fishery, vide order contained in memo no. 401, dated 2.3.2006 (Annexure-1), whereby the State Government had informed the authorities of the Fishery Department through out the State of Bihar that no settlement can be made with respect to fishery rights commencing from 1.4.2006 because of the proposed enactment of the Bihar Fish Jalkar Management Act. In this view of the matter, the respondent authorities did not make fresh settlement in favour of the petitioner’s society and the said money of Rs.15, 252/- remains indeposited with the State Government. The petitioner raises a grievance before this Court that the same has not been refunded in spite of persistent efforts. The counter affidavit seeks to state that those of the settlees who were in possession of the Jalkars from before were allowed to continue and, therefore, the petitioner’s society will be deemed to have continued in possession of the Jalkar up to June, 2006. The statements made in the counter affidavit in support of this statement are wholly unconvincing and does not inspire confidence. No document has been enclosed to the counter affidavit to substantiate this statement. On the contrary, as is manifest on the fact of it, the ban was imposed by order dated 2.3.2006 and the respondent authorities had one month to enforce the ban. Learned counsel for the petitioner has rightly relied on the judgment dated 6.11.2006, passed by a learned 3 Single Judge of this Court in C.W.J.C. No.9916 of 2006 (Mahendra Mukhiya and Ors. Vrs. The State of Bihar & Ors.), whereby in identical situation the writ petition was allowed and the respondent authorities were directed to refund the amount. In the result, this writ petitioner is allowed. Respondent no.4 (The District Fishery Officer-cum-Chief Executive Officer, Gopalganj) is hereby directed to refund the said sum of Rs. 15,252/- to the petitioner society along with interest at the rate of 6% from the date of deposit till the date of payment. Vinay/ ( S. K. Katriar , J.)