IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14647 of 2006 GHOSHWARI PRAKHAND MATSYAJIVI SAHYOG SAMITI LTD. & ANR. Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :Mr. Pravin Kumar Gupta, Advocate For the State : J.C. to AAG-4 02/ 31.7.2008 Heard learned counsel for the petitioners and the State. 2. Petitioner no.1 is a Fishermen Cooperative Society registered under the Cooperative Societies Act, 1935. It has filed the writ application asserting that Jalkars within the meaning of Sub-section (iii) of Section 2 of the Bihar Fish Jalkar Management Act, 2006 (hereinafter referred to as the Act), namely, Mor River, Sheonar River, Paijna River, Rampur Narainpur and Dhanain Mohane River, Ghoswari River, bearing Plot No. 1402, Dhanakdog River, bearing Plot No. 2057 and Mohanpur Mahane River, bearing Plot No. 1 (all seasonal rivers) are not being settled in terms of the Act, which is utter violation of the legislative mandates and punishable in terms of the provisions of the Act. 3. Counsel for the State with reference to the notification of the State Government dated 18.8.1992, Annexure-2 submitted that the aforesaid rivers were declared for free fishing. 4. In rejoinder, counsel for the petitioner submitted that under the Act, the Jalkars indicated above have not been notified for free fishing and the earlier notification having 2 already been repealed by virtue of Section 20, the notification dated 18.8.1992, Annexure-2 will have no application to treat the Jalkars in question reserved for free fishing. 5. Having heard counsel for the parties, I deem it expedient to direct the petitioners to file representation annexing a copy of this order praying inter alia to settle the aforesaid Jalkars in terms of the provisions of the Act, which representation should be considered by the Director, Fisheries, Bihar in accordance with law as early as possible, in any case on or before 15.8.2008 and if there is no legal impediment in settling the aforesaid Jalkars for fishing with the Fishermen Cooperative Societies, the same be settled in accordance with law. 6. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)