IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1561 of 2011 In Civil Writ Jurisdiction Case No. 6732 of 2011 With Interlocutory Application No. 7350 of 2011 In Letters Patent Appeal No.1561 of 2011 ====================================================== 1. Uchit Singh, son of Late Navy Singh, Budhuchak, P.S.-Gopalpur, P.O.- Karari Teentanga, Distt.-Bhagalpur 813205. 2. Shankar Singh, son of Arjun Singh, Budhuchak, P.S.-Gopalpur, P.O.- Karari Teentanga, Distt.-Bhagalpur 813205. .... .... Petitioners/Appellants Versus 1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna. 2. The District Cooperative Officer, Bhagalpur. 3. District Fishery Officer-cum-Chief Executive Officer, Bhagalpur. 4. The Officer Incharge of P.S.-Gopalpur, District-Bhagalpur. 5. Dilip Singh, “Mantri”, Gopalpur Thana Matsya Jivi Sahayog Samiti Limited, Sadhawa. 6. The District Magistrate, Bhagalpur. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellants : Mr. Dharmendra Kumar Sinha, Advocate Mr. Ravi Shankar Ganguli, Advocate For the Respondents : Mrs. Archana Sinha, A.C. to S.C.-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1561 of 2011 (3) dt.21-11-2011 2 / 3 2 3. 21-11-2011 Interlocutory Application No. 7350 of 2011: The delay of 12 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1561 of 2011: Feeling aggrieved by the judgment and order dated 20th June 2011 passed by the learned single Judge in above C.W.J.C. No. 6732 of 2011, the writ petitioners have preferred this Appeal under Clause 10 of the Letters Patent. The appellants approached this Court under Article 226 of the Constitution against the undue interference of the District Cooperative Officer, Bhagalpur with the fishing settlement. According to the appellants, a fishing lease was granted to Gopalpur Thana Matsya Jivi Sahayog Samiti Limited, a cooperative society. The said Society in turn made fishing lease to the appellants. In other words, the appellants are the sub-lessees of the aforesaid Society. The appellants complained that the District Cooperative Officer, Bhagalpur has unduly interfered with their fishing lease operative from 1st April 2010 to 31st March 2011. The learned single Judge refused the relief on the premise that the petitioners were not the settlees and if at all the cooperative society was aggrieved it could have approached the Court. Learned advocate Mr. Dharmendra Kumar Sinha has appeared for the appellants. He has submitted that all throughout the State of Bihar the fishing lease is granted to the cooperative societies. The societies in turn make sub-lease to its members. Thus, settlement was made in favour of the appellants by the aforesaid Matsya Jivi cooperative society. The settlement made in favour of the appellants was unduly interfered with by the District Patna High Court LPA No.1561 of 2011 (3) dt.21-11-2011 3 / 3 3 Cooperative Officer. We see no merit in this Appeal. Mr. Sinha has failed to establish that either under the statutory provision or under the terms of the settlement the Matsya Jivi cooperative society was entitled to make sub-lease. There being no lease in favour of the appellants the learned single Judge has rightly refused to grant relief to the appellants. No case for interference is made out. Appeal is dismissed in limine. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)