IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6458 of 2009 RUNISHAIDPUR FISHERIES CO-OPERATIVE SOCIETIES LTD. THROUGH ITS SECRETARY NARESH SAHANI SON OF RAMBRIKSHA SAHANI RESIDENT OF VILLAGE GAURI GAMA P.S. RUNISHAIDPUR DISTRICT SITAMARHI-----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, ANIMAL HUSBANDARY AND FISHERIES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, FISHERIES DEPARTMENT, OLD SECRETARIAT, GOVERNEMNT OF BIHAR, PATNA. 4. THE DISTRICT FISHERIES OFFICER CUM CHIEF EXECUTIVE OFFICER, SITAMARHI, DISTRICT SITAMARHI. 5. SMT. VANDANA DEVI WIFE OF PREM KUMAR SAHANI, RESIDENT OF VILLAGE GAURI GAMA P.S. RUNISHAIDPUR, DISTRICT SITAMARHI, PRESENTLY CHIEF EXECUTIVE OF EKLABYA FISHERIES SELF SUPPORTING CO-OPERATIVE SOCIETIES LTD. 6. MANOHAR KUMAR SAHANI SON OF GANGA SAHANI RESIDENT OF VILLAGE BUDHIA BAN, P.S.RUNISHAIDPUR, DISTRICT SITAMARHI, PRESENT CHIEF EXECUTIVE OF RUNISHAIDPUR PRAKHAND FISHERIES SELF SUPPORTING CO-OPERATIVE SOCIETIES LTD. 7. CHANDAN KUMAR SAHANI SON OF KAMESHWAR SAHANI RESIDENT OF VILLAGE GAURI GAMA P.S. RUNISHAIDPUR, DISTRICT SITAMARHI---RESPONDENTS. ----------- 03. 11.12.2009 Heard learned counsel for the petitioner, State as also counsel for private respondent nos.6 and 7. 2. Petitioner Fishermen Co-operative Society is aggrieved by the settlement order bearing letter Nos.765, 703, 704 and 704A dated 3.9.2008, Annexures-1 to 4, whereunder 54 ponds were settled with the petitioner and 15, 35 and 17 ponds were settled with private respondent nos.5, 6 and 7. Petitioner is further aggrieved by the appellate order dated 30.4.2009 passed in Appeal No.52 of 2008, Annexure-6 whereunder the aforesaid original settlement orders have been affirmed by the appellate authority, Director Fisheries, Bihar, Patna, Respondent No.3. 3. It is submitted on behalf of the petitioner that while passing the settlement order the District Fisheries 2 Officer, Sitamarhi did not take into account the mandate of Sub-Section-(v) of Section-7 of the Bihar Fish Jalkar Management Act, 2006(hereinafter referred to as “the Act”), which inter alia permit the applicant society to submit its application for short term settlement by 30th of April of the year, in which the settlement is to be made but in the instant case, the application filed by private respondents for short term settlement was made beyond 30.4.2008 the date fixed under the Act and the application filed beyond time was also defective as the same did not contain the audit report and the list of valid members, which is evident from the report submitted by the District Fisheries Officer dated 19.11.2008, Annexure-5 and the defect was also not removed by 30.5.2008. Ignoring the aforesaid aspect settlement was made in favour of private respondents. Petitioner took up the matter in appeal but the appellate authority rejected the appeal observing that the points raised in the appeal about the validity of the members can be better appreciated by the tribunal and did not go into the question whether application of the respondents was filed after 30.4.2008 and was defective on the date of filing and the defects were not removed by 31.5.2008. The approach of the appellate authority not to consider the validity of the members of the respondent nos. 5 to 7 society on 30.4.2008 together with the fact that the application of the respondent society was itself 3 defective is wholly illegal as in terms of the provisions of the Act, the audit report and the list of valid members is required to be filed with the application so that settlement could be made as per the number of valid members of the society on the date of application i.e. 30th April of the year, in which settlement is made. 4. In the circumstances, I am satisfied that the appellate order and the original order of settlement have been passed without taking into account the list of valid members on 30.4.2008 and accordingly, orders, Annexures-1 to 4 and 6 are quashed and the matter is remitted back to the District Fisheries Officer, Sitamarhi to consider the case of such applicant whose application was filed before 30.4.2008 and defects, if any was removed by 31.5.2008 for the remainder period of settlement i.e. part of the year 2009-10 and 2010- 11. In the event, application of all the applicants are found defective then steps be taken for fresh settlement. Appropriate order in the light of this order be passed as early as possible, in any case within one month from the date of its production before the District Fisheries Officer, Sitamarhi, Respondent No.4. 5. This writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)