IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5606 of 2007 ALINAGAR PRAKHAND MATSJIVI SWAWLAMBI SAHKARI SAMITI LTD., HARIYATH THROUGH ITS CHAIRPERSON SMT. DUKHANI DEVI WIFE OF SRI SUKHDEO SAHNI RESIDENT OF VILLAGE CHOAGHIA, P.S. HARIYAT, P.S. BAHERA DISTRICT DARBHANGA. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. DIRECTOR, DEPTT. OF FISHERIES, GOVT. OF BIHAR, PATNA. 3. DEPUTY DIRECTOR, DEPTT. OF FISHERIES,(HEADQUARTER), BIHAR, PATNA. 4. DEPUTY DIRECTOR, DEPTT. OF FISHERIES, GOVT. OF BIHAR, DARBHANGA. 5. THE DISTRICT MAGISTRATE, DARBHANGA. 6. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, DARBHANGA. 7. THE FISHERIES EXTENSION OFFICER, ALINAGAR PRAKHAND, DARBHANGA. 8. ALINAGAR ANCHAL MATSJIVI SWALAMBI SAHKARI SAMITI LTD., ANTAUR THROUGH ITS CHAIRMAN SRI BAUWE LAL SAHNI SON OF LATE CHINGI SAHNI, ANTAUR, P.S. BAHERA, DISTRICT DARBHANGA. ----------- 03. 21.01.2010 Heard learned counsel for the petitioner and the State. 2. After some argument learned counsel for the petitioner with reference to the statements made in different paragraphs of this writ application including paragraph nos.13 to 19 submitted that the findings recorded by the District Fisheries Officer-cum-Chief Executive Officer, Darbhanga, Collector, Darbhanga and the Director Fisheries, Bihar, Patna that the petitioner society is a defaulter is not correct as the settlement made in favour of the petitioner society was stayed/cancelled under the orders of the High Court and thereafter the society never remained in possession of the Jalkar in question and applied for proportionate reduction/refund/adjustment of the settlement amount but ignoring such application findings has been recorded that the society is a defaulter. 3. Let the petitioner challenge the aforesaid findings by filing fresh representation before the competent authority annexing the documents to establish that the settlement made in favour of the - 2 - petitioner society was stayed/cancelled under orders of the High Court and thereafter petitioner society never remained in possession of the Jalkar in question for the entire period of settlement and is entitled to proportionate reduction/refund/adjustment of the settlement amount. The competent authority should consider the representation of the petitioner and pass appropriate orders in accordance with law as early as possible, in any case within one month from the date of receipt of the representation along with a copy of this order before the authority concerned. 4. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)