IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14616 of 2009 1. CHHAURADANO PRAKHAND MATASYAJI SWABLAMBI SAHYOG SAMITI LIMITED , HAVING ITS REGISTERED OFFICE AT TINKONI, P.O DERPA , DISTT- EAST CHAMPARAN, THROUGH ITS CHIEF EXECUTIVE NAMELY, UMESH MUKHIYA 2. UMESH MUKHIYA S/O SHRI RAJBANSHI MUKHIYA, RESIDENT OF VILL- TINKONI, P.S DARPA, DISTT- EAST CHAMPARAN, MOTIHARI Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF BIHAR, PATNA 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF ANIMAL AND FISH RESOURCES, GOVERMENT OF BIHAR, PATNA 3. THE DIRECTOR, DIRECTORATE OF FISHERIES BIHAR, PATNA 4. THE DISTRICT FISHERIES OFFICER- CUM- CHIEF EXECUTIVE OFFICER EAST CHAMPARAN, MOTIHARI 5. RAHUL KUMAR S/O SHRI BHOLA SAHNI VILL- SUKHALAHIYA, P.S DARPA, DISTT- EAST CHAMAPARAN AT MOTIHARI 6. RANJU DEVI W/O SHRI ANAND KUMAR VILL- SUKHALAHIYA, P.S DARPA, DISTT- EAST CHAMAPARAN AT MOTIHARI 7. BHOLA SAHNI S/O LATE RAMAI SAHNI VILL- SUKHALAHIYA, P.S DARPA, DISTT- EAST CHAMAPARAN AT MOTIHARI ----------- 07. 01.02.2010 Heard learned counsel for the petitioner, State as also counsel for private respondents. 2. Petitioner society is aggrieved by the settlement order passed by the District Fisheries Officer, East Champaran, Motihari bearing memo no.572 dated 5.6.2008, Annexure-1, whereunder Rahul Kumar, the Chief Executive of the petitioner society has been directed to deposit the settlement amount. It is also aggrieved by the parwana issued bearing memo no.635 dated 25.7.2008, Annexure-2, whereunder the Chief Executive of the society, Rahul Kumar has been directed to deposit the second instalment amount. The ground of challenge is that on the date of issue of the settlement order/parwana Rahul Kumar was not the chief Executive of the society as his functioning as Chief Executive of the society was stayed by the Bihar Cooperative Tribunal under order bearing memo no.196 dated 6.8.2008, Annexure-4. In this connection it is pointed out that Rahul Kumar has since resigned the office of the Chief Executive of the society on 20.4.2009, which is not being disputed by the learned - 2 - counsel appearing for the private respondents. In the background of the aforesaid two facts learned counsel for the petitioner society submitted that Umesh Mukhiya who has been subsequently appointed as Chief Executive of the Society by the Board of Directors of the Society under resolution dated 3.4.2007 and again appointed on 15.11.2009 pursuant to the election held on 8.11.2009 be directed to deposit the amount in terms of the settlement order/parwana, Annexures-1 and 2. In this connection reference was made to the statements made in paragraphs-14 and 15 of the writ application. 3. Aforesaid prayer of the petitioner has been refuted by the counsel for the private respondents. According to him after resignation of Rahul Kumar from the post of Chief Executive of the society, Dhrub Narayan Sahni was appointed as Chief Executive of the society by the earlier managing committee and his appointment was also ratified by the subsequent managing committee, which was constituted on 14.11.2009 vide its meeting held on 25.11.2009. According to private respondents this Court should direct Dhrub Narain Sahani to deposit the settlement amount in terms of the settlement order/parwana, Annexures-1 and 2. In support of his aforesaid contention learned counsel for private respondents has heavily relied on the orders of this Court dated 24.4.2008 passed in C.W.J.C. No.10713 of 2007, Annexure-3. Aforesaid writ case was between the petitioner society and two other societies, namely, respondent nos.7 and 8, which were operating in the area but from perusal of the said order it does not appear that dispute in regard to the appointment of the Chief Executive of the petitioner society was adjudicated under the said - 3 - order. In the circumstances, this Court is of the view that the aforesaid order dated 24.4.2008, Annexure-3 has hardly any relevance to adjudicate the dispute as to who is the Chief Executive of the petitioner society. 4. Interim order dated 29/30.7.2008, Annexure-4 was challenged before this Court in C.W.J.C. No.11983 of 2008 by Rahul Kumar, which was permitted to be withdrawn and till date the said interim order is under operation and even otherwise Rahul Kumar on his own has resigned from the post of the Chief Executive of the society, as such, he is not to deposit the settlement amount in the light of the settlement order/parwana, Annexures-1 and 2, which should be deposited by the legally appointed Chief Executive of the society and as there is dispute as to who is the legally appointed Chief Executive of the society, until such decision is taken by the Bihar Cooperative Tribunal the settlement amount need not be accepted by the District Fishery Officer either from Umesh Mukhiya or from Dhrub Narayan Sahni and the fishing in the tanks in question should be made departmentally and the amount be deposited in the treasury. After resolution of the dispute by the Cooperative Tribunal the amount collected departmentally should be accounted for in the name of the petitioner society for the subsequent settlement. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)