IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6408 of 2009 RAMNARAYAN SAHANI son of Faudar Sahani, resident of village-Marar Khas, P.O. Vijaipur, District- Gopalganj …… …………. ………. Petitioner. Versus 1. THE STATE OF BIHAR 2. The Secretary, Animal Husbandry and Fisheries Department, Govt of Bihar, Patna. 3. The Director , Fisheries Department, Old Secretariat, Govt. of Bihar, Patna. 4. The District Fisheries Officer-cum-Chief Executive Officer, Gopalganj ……….. ……… Respondents ----------- 2. 20.05.2009 Heard the counsel for the petitioner and the counsel appearing for the state. This application has been filed for a direction to the respondents to refund the amount of Rs 16,625/- realized from the petitioner as revenue of Jalkar for the period 01.04.2006 to 30.06.2006. Petitioner has also prayed for payment of statutory interest over this amount in the light of a letter contained in Memo No.401 dated 02.03.2006 issued under the signature of Secretary, Animal Husbandry and Fishery Department. Petitioner’s case is that 70 Jalkars were settled with the petitioner-society for the period 01.04.2005 to 31.3.2006. Total amount deposited by the petitioner for settlement of Jalkars was Rs 66,500/-. After the settlement, the Secretary, Animal Husbandry and Fisheries Department, Government of Bihar vide letter contained in Memo No. 401 dated 02.03.2006 directed all Divisional Commissioners, Collectors, Deputy Director of Fisheries and the District Fisheries Officer-cum-Chief Executive Officers that in view of the pendency of the enactment of bill before the Legislative - 2 - Assembly, all settlements for the period after 01.04.2006 shall be kept in abeyance till further orders. On account of the direction of respondent no. 2, there was complete ban on the settlement of Jalkars since 01.04.2006 till further orders. The settlement period with the petitioner-society was only for 01.04.2005 to 31.03.2006. However, the revenue was realized also for the period 01.04.2006 to 30.04.2006 which was amounting to Rs 16,625/- The petitioner represented before the respondent No. 4, the District Fisheries Officer-cum-Chief Executive Officer, Gopalganj for refund of this amount along with the statutory interest but that has not been done till today. I find that in similar matters, such as, C.W.J.C. No. 2840/07 and C.W.J.C. No. 9916/06, a direction has been issued to the District Fisheries Officer-cum-Chief Executive Officer to refund the amount deposited by the society concerned for settlement along with 6 per cent interest from the date of deposit till the date of payment. The present writ application is also disposed of on same terms and conditions. The respondent NO. 4, District Fisheries Officer-cum-Chief Executive Officer, Gopalganj is directed to refund Rs 16,625/- to the petitioner-society along with 6 per cent interest from the date of deposit till the date of payment. The payment must be made as soon as possible, preferably within six weeks from the date of production/communication of this order. akv (Mridula Mishra, J.)