IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1119 of 2010 BIPIN KUMAR S/O ,MISHRI YADAV, THE CHIEF EXECUTIVE OF ASHTHAWAN PRATHMIK MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD. GILANI, NALANDA, RESIDENT OF VILLAGE GILANI, P.S. SARE, DISTRICT- NALAND ………………. APPELLANT Versus 1. THE STATE OF BIHAR 2. THE DISTRICT FISHRIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, NALANDA AT BIHARSHARIF. 3. THE DEPUTY DIRECTOR OF FISHRIES, BIHAR, PATNA 4. THE DIRECTOR OF FISHRIES, BIHAR, PATNA………………………………………..RESPONDENTS ----------- FOR THE APPELLANT :- MR. PASHUPATI PD. SINHA,ADVOCATE FOR THE RESPONDENTS –STATE:- MR. SUBHASH PD. SINGH,, G.A.8 ----------- 3 26-07-2010 Heard learned counsel for the appellant and learned counsel for the State. The grievance of the appellant is that the settlement of Jalkar for fishery rights on portion of Gilani Jalkar in Asthawa Prakhand, district Nalanda in favour of Asthawan Prathmik Matasyajibi Swablambi Sahkari Samiti Ltd. Gilani has been prematurely terminated by the State Government and the refusal of the writ court to interfere and allow the appellant to continue in possession of the Jalkar is bad in law. On going through the primary consideration before the writ court that the Jalkar in question, as per decision of the State Government is to be used to nurture high quality fishing seeds for distribution and use throughout the State of Bihar, We find that the learned writ court has rightly given due weightage to larger public interest and refused to interfere. Considering that the appellant represents a Co-operative 2 Society of poor fisher men, on humanitarian and sympathic ground only, We modify the order of the writ court and set aside the order for cost of Rs.10,000/- against the appellant. With this modification the appeal is dismissed. It is made clear that if the appellant has any claim for refund of money he can lodge such a claim before appropriate authority which shall be considered and disposed of in accordance with law within a period of three months from today. It is made clear that if the petitioner is dis-satisfied with the decision of the authority, he will have the liberty to seek appropriate relief or compensation through the civil court, as per law. Naresh ( Shiva Kirti Singh, J.) ( B.P. Verma, J)