IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7721 of 2009 GANESH SAHNI, CHIEF EXECUTIVE OF SHANTI MATSYAJIVI SWABLAMBI SAHKARI SAMITI LTD. AT MOHAN BAHERA, P.O.- BAHERA, P.S.- BAHERA, DISTRICT- DARBHANGA. ----- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, ANIMAL AND FISH RESOURCES DEPARTMENT, BIHAR, PATNA. 2. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, DARBHANGA. ----- RESPONDENTS. ----------- 2 10.7.2009 The petitioner Society namely Shanti Matsyajivi Swablambi Sahkari Samiti Ltd, Mohan Bahera has challenged annexure-5 by which procedure has started for the settlement of the Jalkars. Annexure-5 does not specify the period for which the settlement is being made, however, the facts reveal it was for the period 2008-09. The District Fisheries Officer had taken steps for settlement for the year 2008-09 on 22.8.2008 which would appear from the facts stated in C.W.J.C. No. 3378 of 2009, wherein Kusheshwar Asthan Machhua Jagriti Matasyajivi Swabalambi Sahkari Samiti Ltd. & Anr. came to this Court challenging the settlement notice dated 22.8.2008. The ground for challenge by the aforesaid Society was that their name was not included in the list of Societies invited to participate for the purpose of 2 settlement of the Jalkars in question. The Societies were not in existence and their registration was only completed on 28.7.2008. This Court held that since the settlement was to be made for the year 2008- 09 and 2010-2011 the petitioner was not entitled to be considered for the year 2008- 09 on account of their subsequent registration but would definitely have a right to be considered for the next year i.e. 2010-11. In another matter relating to the settlement of Jalkars of the same area, C.W.J.C. No. 7150 of 2009 was filed (annexure-6) by two of the Samitis in which they challenged the settlement of 83 Jalkars. The notice issued for settlement of 83 Jalkars by letter no. 266 dated 10.6.2009 in which 3 Societies were to participate for the settlement for the year 2008-2009-2010-11. The petitioners of this case had come against the order of District Fisheries Officer for making the settlement for the period 2008-09 as the period for the settlement of 2008-09 was to expire on 30th 3 of June, 2009. This Court, therefore, directed the District Fisheries Officer, Darbhanga to consider whether it would be proper to make settlement for the year 2008- 09 as the period of settlement had almost expired. The District Fisheries Officer thereafter has issued letter no. 370 dated 30.6.2009 wherein 6 Societies have been invited to participate for the settlement of Jalkars situated at Mohan Bahera in the district of Darbhanga. Learned counsel for the petitioner submits that the Society of the petitioner came into existence vide annexure-1 on 15.6.2009 and although the Society was not entitled for the settlement for year 2008-09 they would be entitled to be considered for the subsequent years. As held by this Court in C.W.J.C. No. 3378 of 2009. The District Fisheries Officer ought to examine that order and consider whether it would be proper to issue an appropriate letter with respect to the petitioner Society. The petitioner is directed to 4 produce the copy of all three orders of this Court before the District Fisheries Officer, Darbhanga who will take the decision within 10 days after its production and take steps for the settlement in accordance with the orders passed earlier by this Court. This writ application is disposed of with the aforesaid directions. Sanjay (Sheema Ali Khan, J.)