IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.153 of 2011 MADHEPUR ANCHAL FISHERMEN CO-OPERATIVE SOCIETY LTD THROUGH ITS SECRETARY MAHENDRA SAHNI SON OF LATE RAM PRASAD SAHNI 2. MAHENDRA SAHNI SON OF LATE RAM PRASAD SAHNI……………………………………………. APPELLANTS Versus THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT, BIHAR, PATNA. 2. THE DIRECTOR, FISHERIES BIHAR, PATNA 3. THE DEPUTY DIRECTOR FISHERIES, DARBHANGA DIVISION, DARBHANGA. 4. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, MADHUBANI………RESPONDENTS ----------- 4 3-5-2011 Heard learned counsel for the appellants and learned counsel for the State. The writ court has granted partial relief to the appellants but has dis-allowed the claim for refund of settlement amount for the second and 3rd. year of settlement because there was no material to indicate that enjoinment of the Jalkar settled with the appellants was in any way interrupted or interfered with by the State. In fact the order contained in annexure-1 to the writ petition which was under challenge mentions the fact that no demand was raised for issuance of formal Parwana during the subsistence of the settlement period and after having exploited the Jalkar for the entire period subsequently claim for refund/ adjustment is 2 being made on the technical plea that for the last two years of settlement no Parwana was issued. The writ court considered these matters, which are based only upon facts, in proper perspective and we find no good reason to interfere. This appeal is, therefore, dismissed. Learned counsel for the appellants has submitted that the writ court did not consider the claim raised by the appellants- writ petitioners on the basis of annexure-10 which appears to be an order of settlement in respect of 15 Jalkars with effect from Ist. July 2008 till 30th June, 2011. Since learned counsel has claimed that this issue was raised but was not considered by the writ court, it is observed that if the appellants are so advised, they may file review petition for any claim relating to annexure-10. Naresh ( Shiva Kirti Singh, J.) ( Dr. Ravi Ranjan,J)