IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.657 of 2009 AALAM NAGAR PRAKHAND MATSYAJIVI SAHYOG SAMITI LTD, Itahari, Madhepura through its MANTRI, Narayan Prasad Singh `Nishad` Son of Late Bhairo Singh, R/O Village- Khapur, P.O+P.S-Ratwara, Dist- Madhepura………Petitioner/Appellant. Versus 1. THE STATE OF BIHAR through Secretary, Co-operative Department Cum Registrar Co-operative Societies, Govt. of Bihar, Patna. 2. The Secretary, Department of Animal Husbandry & Fishery, Govt. of Bihar, Patna. 3. The Director, Fisheries, Govt. of Bihar, Patna. 4. The District Fishery Officer, Madhepura. 5. The District Co-operative Officer, Madhepura. 6. The Assistant Registrar, Co-operative Societies, Udakishanaganj, Madhepura. 7. Prakash Sahani, S/O Sri Raso Sahani, Vill-Ratwara, Tola- Sukhar, P.S- Ratwara, Distt-Madhepura. 8. Chandra Sahani, S/o Late Anandi Sahani, Vill-Ratwara, Tola-Sukhar, P.S.Ratwara, Distt-Madhepura. 9. Arun Choudhary, S/O Late Kamleshwari Choudhary, Vill+P.O+P.S- Ratwara, Distt-Madhepura 10. Lalu Singh, S/O Late Bhagwan Singh, Vill-Ratwara, Tola-Khapur, P.S-Ratwara, Distt-Madhepura. 11. Jai Prakash Singh, S/O Late Sita Ram Singh, - Vill-Ratwara, Tola- Khapur, P.S-Ratwara, Distt-Madhepura. 12. Manoj Sahani, S/O Rajendra Sahani, Vill-Aalamnagar, Tola- Sonbarsa, P.S-Aalamnagar, Dist- Madhepura. 13. Jagdish Sahani, S/O Late Lutan Sahani, Vill-Aalamnagar, Tola- Sonbarsa, P.S-Aalamnagar, Dist- Madhepura. 14. Rajendra Singh, S/O Sri Bhuto Singh, Vill-Khuranmal, P.S- Barambara (Khuranamal)Distt-Madhepura. 15. Shankar Singh, S/O Late Gainu singh, Vill-Bargaw, Tola-Kapsiya- Basa, P.S-Ratwara, Distt-Madhepura. 16. Abhinash Choudhary, S/O Fuddi Choudhary, Vill-Mahmud, P.S- Aalamnagar, Distt-Madhepura. 17. Bindheshwari Singh, S/O Lade Dhana Singh, Vill- Ladma, P.S- Aalamnagar, Distt-Madhepura. 18. Sikandar Singh, S/O Mangan Singh, Vill-Ladma, P.S-Aalamnagar, Distt-Madhepura. 19. Ashok Singh, S/O Sri Siya Ram singh, Vill-Ladma, P.S-Aalamnagar, Distt-Madhepura 20. Bhupendra Choudhary, S/O Sri Bindeshwari Choudhary, Vill+P.S- Ratwara, Distt-Madhepura. 21. Nakul Singh, S/O Kamleshwari Singh, vill-Khapur, P.S-Ratwara, Distt-Madhepura. 22. Kamleshwari Singh, S/O Late Baiju Singh, Vill-Khapur, P.S- Ratwara, Distt-Madhepura. 23. Ramlal Choudhary, S/O Bindeshwari choudhary, Vill+P.S.Ratwara, Distt-Madhepura. 2 24. Phuleshwari Singh, S/O Sri Saryug singh, Vill-Madheli (Diara), P.O- Singhar, Distt-Madhepura. 25. Vilash Choudhary, S/O Late Ganeshi Choudhary, Vill+P.O- Mahmud, P.S-Aalamanagar, Distt-Madhepura. 26. Bindeshwarui Choudhary, S/O Late Sukdev Choudhary, Vill+P.O.Mahmuda, P.S-Aalamnagar, Distt- Madhepura…………Respondents/Respondents. ----------- For the appellant:-Mr. Sunil Kumar Verma, Adv. Mr. Suman Kumar Verma. For the Respondents:-Bijay Kumar Pandey, AC to GP-18 3. 13-Jul-09 Heard the parties. In the facts of the case, the delay in preferring this appeal is condoned. The I.A.No. 3126/09 is allowed. The Jalkar in question was settled with the petitioner-society for the period from 1.4.2005 to 31.3.2006. On the ground of default in payment of consideration money the said settlement was cancelled. The cancellation order was confirmed by the appellate authority also. Learned counsel for the appellant/writ petitioner submits that there are materials on record to show that past dues were later deposited by the 3 appellant/petitioner. According to him on account of such subsequent deposit of past dues the appellant-society should not be treated as defaulter for the purpose of future settlement of the concerned Jalkars. He further submits that the observation of the writ Court in the last paragraph that it will be open to the petitioner or its member to apply for settlement in the view of the provisions of Section 7(ix) of the Act is not required because the petitioner-society is in a position to show that it should not be treated as defaulter. In view of the aforesaid submission, the observation made by the learned writ Court in the last paragraph of the order referring to Section 7 (ix) of the Act shall be treated to have been modified. Instead it is observed that if the rules and provisions of the Act so permit, the appellant will be at liberty to demonstrate before the concerned authorities that it should not be treated as defaulter for 4 future transactions in view of its claim that it has already paid its dues. The appeal is disposed of. perwez (Shiva Kirti Singh, ACJ.) (Anjana Prakash,J.)