IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10152 of 2006 1. SUKHADEO PD.BIND, SON OF LATE KARU PD. BIND, RESIDENT OF VILLAGE SAMDA, P.S. HAWELI KHARAGPUR, DISTRICT MUNGER SECRETARY HAWELI KHARAGPUR MATSYAJIVI SAHYOG SAMITI LTD. MUNGER. 2. HAWELI KHARAGPUR MATSYAJIVI SAHYOG SAMITI LTD. MUNGER THROUGH ITS SECRETARY SUKHADEO PD. BIND, SON OF LATE KARU PD. BIND, RESIDENT OFVILLAGE SAMDA, P.S. HAWELI KHARAGPUR, DISTRICT MUNGER. ---- PETITIONERS Versus 1. THE STATE OF BIHAR 2. THE SUPERINTENDING ENGINEER, IRRIGATION, ANCHAL, KHARAGPUR, MUNGER 3. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, TARAPUR, MUNGER 4. CHAITANYA KUMAR, SON OF VISHNUDEO SINGH, RESIDENT OF VILLAGE PAHARPUR, P.S. KHARAGPUR, DISTRICT MUNGER ---- RESPONDENTS ----------- 7 25.8.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of respondent no. 4. Learned counsel for the petitioners submits that the Pokhar in question has been settled to the respondent no. 4 who was the highest bidder in an auction held by the Executive Engineer, Irrigation Department, Munger. It is submitted that the petitioners are co-operative society and as such should have been given preference for the purposes of settlement. It is submitted that the notice for the auction indicated that the co-operative society would get preference for the purpose of settlement. In my opinion, if the advertisement indicates, that the co-operative society would get preference then the Executive Engineer is bound to negotiate with the co-operative society and the co-operative society, should be able to match the amount fixed for settlement or offered as settlement by the highest bidder. In any event, in this particular case since the 2 settlement was made for the period 2006-11, this Court finds that no useful purpose will be served in setting aside the order of settlement as only 6 to 8 months is left. This writ application is disposed of with the aforesaid observations with respect to the manner of the settlement in future. Sanjay ( Sheema Ali Khan, J.)