IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1029 of 2009 BECHAN SAH @ BACHNESWAR SAH S/O LATE SHYAM SAH R/O VILL RAIPUR, P.S.BHAWANIPUR(BIHPUR),DISTT-BHAGALPUR …….PETITIONER Versus 1. THE STATE OF BIHAR THORUGH THE DIRECTOR GENERAL OF POLICE GOVT. OF BIHAR, PATNA 2. DISTRICT FISHERY OFFICER-CUM-CHIEF EXECUTIVE OFFICER BHAGALPUR 3. THE DISTRICT MAGISTRATE BHAGALPUR 4. THE SUPERINTENDENT OF POLICE BHAGALPUR 5. THE DY. S.P. BHAGALPUR 6. THE OFFICER-IN- CHARGE BHAWANIPUR(BIHPUR), P.S, DISTT- BHAGALPUR …….RESPONDENTS ----------- 03. 23.12.2009 Petitioner states that he has a land at Narayanpur/Mohanpur in village Raipur, P.S.-Bhawanipur in the District of Bhagalpur wherein he has erected a pond for the purposes of harvesting water and fishing businesses. He has annexed certain revenue receipts in relation thereto. He states that these lands appertaining to Khata No. 527, 251 and 250 and the respective Khesra being Khesra No. 62, 77, 80, 29, 30, 171, 175, 80, 170, 1079, 40, 39, 136 and 1054 respectively. He submits that the Fishery Department, by the District Fishery Officer made settlement of 12 fisheries on 11.09.2009 in favour of various persons. Those persons wrongly influencing the police are trying to exploit their rights in respect of petitioner’s pond which is not a subject matter of such settlement and consequently 2 the police is not permitting petitioner to take out the fishes from the pond where fishes are dying. Petitioner has come to this Court to protect his right over the property in question. In my view, petitioner must immediately move to the District Fishery Officer who is the Chief Executive Officer of Fishery, Bhagalpur and satisfy him that the pond with which he is concerned is not the subject matter of settlement. The District Fishery Officer must certify the same if it is correct within ten days. If he things otherwise, he would give an order in writing to the petitioner. Petitioner, if it is certified in his favour would produce the same before the Officer-in-charge, Bhawanipur District- Bhagalpur who would then act accordingly. With these observations, the application stands disposed off. Shageer (Navaniti Prasad Singh, J)