IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18183 of 2010 CHORAUT PRAKHAND MATASYAJIVI SAHYOG SAMITI LTD., THROUGH ITS CHIEF EXECUTIVE NIRMALA MUKHIYA, WIFE OF UPENDRA MUKHIYA, RESIDENT OF VILLAGE CHORAUT, P.S. PUPRI, DISTRICT SITAMARHI. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ANIMAL HUSBANDARY AND FISHERY DEPARTMENT, BIHAR, PATNA. 2. THE DIRECTOR, FISHERIES, BIHAR, PATNA. 3. THE DISTRICT FISHERY OFFICER-CUM-CHIEF EXECUTIVE OFFICER, SITAMARHI. -------------------------------------------------------------------------------------------- RESPONDENTS ----------- 2 9.11.2010 The petitioner society was settled a Fish Jalkar on 19.5.2004, for the period for the period 2004-05 to 2006-07. The prayer of the petitioner is that in view of Annexure-4 i.e. letter no. 401, dated 2.3.2006, the State Government has stayed further settlement of Jalkars from 1.4.2006. It is also indicated in the letter that settlement for the year 2006-07 may be stayed until further orders. Therefore, the petitioner claims that the amount of Rs. 16,762/- deposited by him by way of advance should be refunded to him. The District Fisheries Officer, Sitamarhi is directed to consider the averments made by the petitioner and pass an appropriate order within a period of one month on receipt/production of this order. 2 It is made clear that if there was an order of stay of settlement of the Jalkars and if the petitioner was not in possession of the pond in question, she would be entitled to proportionate refund of the settlement amount which has been deposited by her for the period of stay as indicated by letter no. 401 dated 2.3.2006, passed by the State Government contained in Annexure-4 of the writ application. The petitioner is directed to make a representation along with the documents before the District Fisheries Officer, Sitamarhi within a period of six weeks on receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)