IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16124 of 2010 1. SUMITRA DEVI W/O RAGHUNATH MAHTO R/O VILL.- BIJAYI, P.S.- GHORASAHAN, DISTT.- EAST CHAMPARAN, MOTIHARI, CHAIRMAN-CUM-MEMBER OF GHORASAHAN PRAKHAND ADARSH MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD. 2. GHORASAHAN PRAKHAND ADARSH MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD. THROUGH ITS CHAIRMAN- CUM-MEMBER. --- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR, FISHERIES, BIHAR, PATNA 3. THE DISTRICT FISHERIES OFFICER CUM CHIEF EXECUTIVE OFFICER EAST CHAMPARAN, MOTIHARI 4. GHORASAHAN PRAKHAND NAW RPAGATISHEEL MACHHUA SWABLAMBI SAHKARI SAMITI LTD. THROUGH ITS CHIEF EXECUTIVE BACHHA MAHTO S/O CHHATHU MAHTO R/O VILL.- SAMANPUR, P.S.- GHORASAHAN, DISTT.- EAST CHAMPARAN, MOTIHARI 5. GHORASAHAN PRAKHAND SAMTA MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD., GHORASAHAN THROUGH ITS CHIEF EXECUTIVE --- RESPONDENTS. ----------- 05 04.04.2011 Heard learned counsel for the petitioners, private respondents and the State. Petitioner no.1 is chairman-cum-member of Ghorasahan Prakhand Adarsh Matsyajivi Swablambi Sahkari Samiti Ltd. whereas petitioner nos. 2 is the society itself. They are aggrieved by the settlements made by respondent District Fisheries Officers in respect of 02 fish tanks, namely, Vijai Thakur Tank and Khar Khanwa Tank for the year 2010-11 with respondent nos. 4 and 5 respectively by the order contained in Annexures-1 and 1/A respectively. It is the submission of the petitioners that the impugned settlements which are going to lapse on 30th June, 2011 have been 2 made in violation of the provision contained under Section 7(VIII) of the Bihar Fish Jalkar Management Act 2006 ( hereinafter referred to as the ‘Act’). It is further contended that settlements have been made after amendment(s) brought about in the Act and addition of Section 11(B) of the Bihar Cooperative Societies Act 1935 w.e.f. 02.08.2010 (Annexure-3). It is thus contended that these settlements are in breach of rule/provision(s). Since there is statutory remedy available to the petitioners in law , where all the issues of facts and law can be raised, this Court is not inclined to invoke its extraordinary discretionary writ jurisdiction in the matter. Accordingly, the petitioner is granted liberty to invoke the appellate jurisdiction in terms of Section 14 of the Act. If any such appeal is preferred within a period of 03 weeks from today the appellate Court shall consider and dispose of the same in accordance with law expeditiously as the settlements are going to be lapsed w.e.f. 30th June, 2011. Application is dismissed but with liberty aforesaid. Sym ( Kishore K. Mandal, J.)