IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.50 of 2010 ALAM NAGAR PRAKHAND MATSHYA JIVI SAHYOG SAMITI LTD., ITAHARI, MADHEPURA THROUGH ITS EX-CHIEF EXECUTIVE, NARAYAN PRASAD SINGH „NISHAD‟, SON OF LATE BHAIRO SINGH, RESIDENT OF VILLAGE KHAPUR, P.S. RATWARA, DISTT. MADHEPURA. Versus 1. THE STATE OF BIHAR 2. THE COMMISISONER-CUM-PRINCIPAL SECRETARY, ANIMAL HUSBANDRY AND FISHERIES, GOVT. OF BIHAR, PATNA. 3. THE DIRECTOR, FISHERIES, BIHAR, PATNA. 4. THE DISTRICT FISHERIES OFFICER, MADHEPURA. 5. THE SUPERINTENDENT OF POLICE, MADHEPURA. 6. PRAKASH SAHANI, SON OF RASO SAHANI, RESIDENT OF VILLAGE RATWARA, P.S. RATWARA, DISTT. MADHEPURA. 7. LALO SINGH, SON OF LATE BHAGWAN SINGH, RESIDENT OF VILLAGE RATWARA, P.S. RATWARA, DIST. MADHEPURA. 8. JAI PRAKASH SINGH, SON OF SITA RAM SINGH, RESIDENT OF VILLAGE RATWARA, P.S. RATWARA, DIST. MADHEPURA. 9. ARUN CHOUDHARY, SON OF LATE KAMLESHWARI CHOUDHARY, RESIDENT OF VILLAGE RATWARA, P.S. RATWARA, DIST. MADHEPURA. 10. CHANDER SAHANI, SON OF ANANDI SAHANI, RESIDENT OF VILLAGE RATWARA, P.S. RATWARA, DIST. MADHEPURA. ----------- 03. 07.01.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 5.11.2009 passed by the District Fisheries Officer, Madhepura, Annexure-3, whereunder he has refused to entertain the case of the petitioner society for settlement of the tanks in question with the society on the ground that this Court under orders dated 13.7.2009 passed in L.P.A. No.657 of 2009 had observed that the case of the petitioner society shall be considered for future settlement. 3. It is submitted on behalf of the petitioner that in compliance of the orders of the writ court dated 15.1.2009 passed in C.W.J.C. No.2727 of 2008, Annexure-1, case of the petitioner society should have been considered while making settlement of the tanks in question on 1.7.2009 as before passing of the order by the writ Court on 15.1.2009 itself the society had deposited all the previous dues but - 2 - ignoring such aspect of the matter, the case of the petitioner society was not considered while making settlement of the tanks in question on 1.7.2009 and later the impugned order dated 5.11.2009, Anneuxre- 3 was passed. Against the order passed by the District Fisheries Officer, Madhepura there lies appeal in terms of the provisions contained in Section-14 of the Bihar Fish Jalkar Management Act, 2006(hereinafter referred to as “the Act”). 4. Let the petitioner assail the order dated 5.11.2009, Annexure-3 as also the settlement of the tanks in question made on 1.7.2009 by filing appeal before the Director, Fisheries, Bihar, Patna and if the application of the petitioner society was complete as per the provisions contained in Sub-Section-(V) of Section-7 of the Act on the date of settlement/30.04.2008, its case be considered for settlement of the tanks in question by the Director, Fisheries, Bihar, Patna in accordance with law as early as possible, in any case within one month from the date of receipt of the memo of appeal along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)