IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8665 of 2010 1. SANJAY KUMAR, SON OF LATE SHANKAR MUKHIYA, RESIDENT OF VILLAGE GONAHI, P.S. CHHAURADANO, DISTRICT EAT CHAMPARAN, MOTIHARI SECRETARY OF CHHAURADANO ANCHAL MATASYAJIVI SAHYOG SAMITI LTD. 2. CHHAURADANO ANCHAL MATASYAJIVI SAHYOG SAMITI LTD. THROUGH ITS SECRETARY SANJAY KUMAR, SON OF LATE SHANKAR MUKHIYA, RESIDENT OF VILLAGE GONAHI, P.S. CHHAURADANO, DISTRICT EAST CHAMPARAN, MOTIHARI ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR FISHERIES, BIHAR, PATNA 3. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, EAST CHAMPARAN, MOTIHARI ----- RESPONDENTS For the petitioners :- Mr. Pasupati Prasad Sinha, Advocate For the State :- Mr. Aslam Ansari, A.C. to S.C. 14 :- Mr. Ajay Kumar, A.C. to S.C. 14 ----------- 4 3.9.2010 The petitioners have filed this writ application making a prayer that the District Fisheries Officer should allow the petitioners’ Society to pay the amount of settlement from the date on which the Jalkar was handed over to the petitioners’ Society. The facts are that earlier the settlement was made in favour of other Societies without allowing the petitioners’ Society to participate in the settlement process. The petitioners’ Society came to this Court by filing CWJC No. 13445 of 2009. The writ application was disposed of with the observation that fresh settlement is to be made after expiry of the aforesaid period which comes to an end on 31.3.2008. The Court further observed that “the petitioner if otherwise eligible will be duly considered for settlement of the pond when the present settlement comes to an end.” 2 The present settlement was to be made for the year 2008-09 however, the procedure was delayed for one reason or the other and finally as per the counter affidavit the settlement was made and possession was handed over to the petitioners on 26.4.2010. Considering the admission made at paragraph 5 of the counter affidavit that the possession of the Jalkars were handed over on 26.4.2010, the District Fisheries Officer is directed to accept the settlement amount from the date on which the petitioners were handed over possession. The writ application is disposed of with the aforesaid observations and direction. Sanjay ( Sheema Ali Khan, J.)