IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1085 of 2010 BAHADURPUR ANCHAL MATASYAJIVI SAHYOG SAMITI LTD.BAHADURPUR THROUGH TIS SECRETARY BALESHWAR SAHNI S/O LATE BUDHU SAHNI, R/O VILL-SINWAR GOPAL, P.S- BAHADURPUR, DISTT- DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT FISHERIS OFFICER CUM CHIEF EXECUTIVE OFICER, DARBHANGA ----------- 02. 22.01.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner fishermen Co-operative Society Ltd. is aggrieved by the order of the District Fisheries Officer-cum-Chief Executive Officer, Darbhanga bearing letter No.450 dated 6.8.2009, Annexure-1, whereunder direction has been given to the petitioner society to deposit the entire settlement amount of Rs.1,55,372/- although, the settlement was made for a brief period of only two months but direction was given under the aforesaid letter, Annexure-1 to deposit the entire settlement amount for the whole year. In this connection, it is pointed out that even for the two months period, for which the settlement was made no Parwana was issued to the petitioner and the petitioner society could not enjoy the Jalkar in question for the two months, although it had deposited the first instalment in the light of the settlement order vide receipt dated 24.9.2009, Annexure-3. By filing this petition petitioner society prays for direction to the competent authority to refund the deposited amount or to adjust the same towards the future settlement. 3. Having heard counsel for the parties, I am of the view that the relief prayed for in this writ application should be first considered by the Director, Fisheries, Bihar, Patna before whom the - 2 - petitioner society should file representation setting out its case for refund of the deposited amount or to adjust the same towards the future settlement and the Director, Fisheries should consider the matter after hearing the District Fisheries Officer, Darbhanga and pass appropriate orders in accordance with law as early as possible, in any case within one month from the date of receipt of the representation of the petitioner before the Director, Fisheries. 4. This wit application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)