IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2211 of 2008 MANOJ KUMAR MISHRA, SON OF RAMESHWAR MISHRA, RESIDENT OF VILLAGE LAXMIPUR(PATTITOL) , P.S. BHAIRABASTHAN, DISTRICT MADHUBANI----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DIRECTOR FISHRIES, BIHAR, PATNA. 3. THE DEPUTY DIRECTOR, FISHRIES, DARBHANGA. 4. THE DISTRICT FISHRIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, MADHUBANI. 5. THE CIRCLE OFFICER, JHANJHARPUR, MADHUBANI. 6. RAGHUBIR MISHRA SON OF SATRUGHAN MISHRA, RESIDENT OF VILLAGE PATTITOL, P.S. BHAIRABASTHAN DISTRICT MADHUBANI-----RESPONDENTS. ----------- 04. 23.11.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the settlement of the tank in question made in favour of private respondent no.6. Against the settlement made he has remedy of appeal but without availing the same he has filed this wit application on the ground that the settlee being illiterate as also unable to write and put his signature, the settlement made in his favour on the basis of the request made in Annexure-5 filed under signature of respondent no.6 should be ignored as he could not have submitted such application under his own signature. 3. Let the aforesaid aspect of the matter be considered by the Director, Fisheries, Bihar, Patna, who is the appellate authority in terms of Bihar Fish Jalkar Management Act, 2006 provided the petitioner approaches him within 30 days from today along with a copy of this order. It is made clear that the Director while exercising the appellate power should not be impressed by any report, which he himself may have submitted earlier as Deputy Director. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 2 -