IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8514 of 2007 KAMESHWAR RAI Versus THE STATE OF BIHAR & ORS ----------- 4. 15.04.2009 Heard learned counsel for the petitioner, state as well as the respondent No. 6. This application has been filed for a direction to the respondent to cancel the settlement of a pond named as Shankardih Khawani situated in Khata No. 271 , Khesera No. 905 measuring 30 acres 8 decimals in favour of respondent No. 6 and for re-settlement through fresh bid in accordance with law. The ground taken by the petitioner to challenge the settlement in favour of respondent No. 6 is that a pond having an area of 30 acres 8 decimals has been settled in favour of respondent No. 6 for five years on a very low settlement amount of Rs 1750/-, without any notice to General Public for open bid in violation of the provisions under Bihar Fisheries Jalkars Management Act, 2006. Counter affidavit has been filed on behalf of the District Fisheries Officers as well as respondent No. 6. The District Fisheries Officer, in paragraph-8 of his counter affidavit has mentioned about Public notice for open bid, fixed on different dates. It has also been stated 2 that despite several notices, Local Co-operative Society, its members or anyone turned up for participating in open bid except three persons on relevant date. Out of three applicants, the highest bidder was respondent No. 6 and as such, settlement was made in his favour. Similar statement has been made on behalf of respondent No. 6. However, without going into merit of this application, considering the fact that the petitioner has already approached the appellate authority u/S 14 of the Bihar Jalkars Management Act, 2006 and the appeal is pending for disposal; this matter is being disposed of with a direction to the appellate forum to decide the appeal as soon as possible, preferably within eight weeks from the date of receipt/production of a copy of this order. There will be no interim order as passed by this court by order dated 10.02.2009. AKV/ ( Mridula Mishra, J )