IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12009 OF 2010 1. SATYA NARAYAN MUKHIYA S/O LATE ACHECHAHE LAL MUKHIYA R/O VILL.- CHORGHAUR, P.S.- BABUBARHI, BLOCK- BABUBARHI, DISTT.- MADHUBANI VERSUS 1. THE STATE OF BIHAR THROUGH ITS DISTRICT MAGISTRATE, MADHUBANI 2. THE DISTRICT MAGISTRATE, MADHUBANI 3. THE ADDITIONAL DISTRICT MAGISTRATE (REVENUE- CONFIDENTIAL SECTION), COLLECTRIAT, MADHUBANI 4. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, MADHUBANI 5. THE DISTRICT CO-OPERATIVE OFFICER, MADHUBANI 6. LAXMI MUKHIYA S/O FATHER'S NAME NOT KNOWN R/O VILL.- BARHARA, P.S.- BABUBARHI, BLOCK- BABUBARHI, DISTT.- MADHUBANI ********* 5 27/10/2010 The petitioner is challenging the order contained in Annexure-1 by which the settlement has been cancelled on the ground that the petitioner is also a member of the Fishermen Co-operative Society in Khajauli block and has obtained an order of settlement of a Sairat in that block. This order was apparently passed on the enquiry made by the District Magistrate. Learned Counsel for the petitioner points out that the District Magistrate has found that the petitioner is a voter in the Khajauli block. Being a voter in Khajauli block does not make him a member of any society in the said block and there can be no justification to cancel the settlement made in favour of Babubarhi Prakhand Matsyajivi Swablambi Sahkari Samiti Limited, Ghaghour 2 in Babubarhi block on the ground that the petitioner is a voter in Khajauli Block. Admittedly, the petitioner is the chairman of the said Society mentioned aforesaid and this society has got settlement. At the most, the District Magistrate may strike off the name of the petitioner from the electoral roll at Khajauli block. However, that cannot be a reason for cancelling the settlement. It has been mentioned in the counter affidavit filed on behalf of respondents 2, 3 and 5 that the petitioner’s maternal home was at Khajauli block and as such his name finds place in the electoral roll at khajauli block. Considering all the facts, Annexure 1 dated 17.06.2010 is hereby quashed. This writ application is thus allowed. Anand ( Sheema Ali Khan, J. )