IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.605 of 2010 Rajiv Kumar Singh s/o Gendalal Singh, r/o village – Dilarpur, P.aS. – Manihari, District - Katihar Versus 1. The State Of Bihar through the Secretary, Animal Husbandry and Fisheries Department, Bihar, Patna 2. The District Magistrate, Katihar 3. The Registrar Cooperative Societies, Bihar, Patna 4. The Joint Registrar Cooperative Socieities, Koshi Division, Purnea 5. The Assistant Registrar Cooperative Socieities, Katihar Circle, Katihar 6. The District Fisheries Officer-cum-Chief Executive Officer, Katihar 7. Prabhas Kumar, Administrator, Manihar Anchal matsyajivi Sahyog Samiti, Ltd. Manihari –cum-Cloerk in the office of Assistant Registrar, Cooperative Societies Katihar Circle Katihar 8. Yamuna pd.Singh s/o late Bhagwan Singh, r/o village – Dilarpur, P.S. Manihari, District - Katihar ----------- For the appellant: Ms. Mahasweta Chatterjee, Advocate For the State: Mr. Lalit Kishore, AAG III Mr. Anil Kumar Verma, AC to AAG III For the Pvt. Respondent: Mr. Pashupati Pd. Sinha, Advocate For the Intervenor: Mr. Deo Narain Prasad (in person) --- 3 12/5/2010 Heard Ms. Mahasweta Chatterjee, learned counsel for the appellant, Mr. Lalit Kishore, learned Additional Advocate General III, along with Mr. Anil Kumar Verma, learned counsel for the State, Mr. Pashupati Prasad Sinha, learned counsel for the respondent no.8 and Mr. Deo Narain Prasad, intervener (in person). In this intra-court appeal the assail is to 2 the order dated 19.2.2010 passed by the learned Single Judge in CWJC. NO.13638 of 2009, whereby he has issued certain directions. We would like to reproduce paragraph - 6 of the order impugned: “In the circumstance, when a dispute about the genuineness of the membership of the society has been raised, I deem it expedient to direct the Registrar, Cooperative Societies, Bihar, Patna, to first verify the membership of both the groups i.e. Group A headed by petitioner and Group B headed by Yamuna Pd. Singh, private respondent no.8 from the membership register in terms of the provisions contained in Rule 7 of the Bihar Cooperative Societies Rules and thereafter taking into account the larger interest of the Society and its members issue patta to harvest fish from the tank in question only to the valid members of the Society in accordance with law, as early as possible, in any case within three weeks from the date of receipt/production of a copy of this order before the Registrar, Co-operative Societies, Bihar, Patna. Until issue of fresh patta neither Group A nor Group B members will be allowed to harvest fish from the tank in question.” In course of hearing of this appeal certain suggestions were given to learned counsel for the parties to settle the dispute as the persons at cavil belong to the same village, namely, Dilarpur. Be it noted, one Jalkar, namely, Koshwan measuring more than 94 acres was settled with the appellants who are members of Manihari Anchal Fishermen Cooperative Society Ltd., in the year 2007 for a 3 period of five years, that is, upto 3.6.2011. The revenue was deposited by the appellants. They started cultivating the Jalkar and harvested fish. When they were smoothly carrying out the fish farming an order came to be passed directing the Administrator of the Society to settle the Jalkar among other 28 members. They assailed the said order before the writ court. In pursuance of the aforesaid direction the Administrator passed an order distributing the Jalkar amongst other members who are presently 40 in number. After lot of debate, discussions and deliberations, a consensus was arrived at between the appellants and the respondents. We proceed to record the said settlement in seriatim: a) The distribution made by the Administrator amongst other 28 members shall become effective from 1.7.2010. b) The fish of Koshwan Jalkar shall be harvested on or before 30th June, 2010. (c) The fish that will be caught from the Jalkar shall be sold in presence of the District Fisheries Officer or any other person authorized by him. 4 (d) Ten percent of the sale price shall be handed over to 28 members, who have become allottees later on. (e) The amount that has been deposited by the 28 members before the Administrator shall be refunded and Mr. Lalit Kishore, learned counsel for the State, shall see that the same is carried out. Be it noted, such a refund has been agreed to inasmuch the Society cannot have the benefit on two scores, namely, the revenue that has been deposited by the appellant and the revenue that has been deposited by other 28 members who became allottees at a later stage. (f) The Jalkar shall be enjoyed by all the 40 persons as per direction issued by the Administrator w.e.f. 1.7.2010 till the expiry of the period. (g) The direction issued by the Administrator directing the appellants to refund all the money shall not be given effect to as a settlement has been arrived at. (h) The revenue from 1.7.2010 till the expiry of the period shall be equally distributed amongst all members and the requisite deposits shall be made by 28 5 members, the latter allottees, as the initial allottees had already deposited the amount before the Administrative Officer. (i) It would be the duty of the Administrative Officer to see that the amount is deposited failing which he can delete the name of such members from the list of allottees. At this juncture, we will be failing in our duty if we do not take note of the submission of Mr. Deo Narain Prasad, an intervener (in person). It is apposite to note that he has not been given any right by the Administrator nor by the District Fisheries officer. He has not initiated any proceeding nor has he challenged any order. He has only intervened to have the benefit. The same is not permissible and accordingly no relief can be granted to him and resultantly it is decided. We appreciate the endeavour made by Ms. Chatterjee, learned counsel for the appellant, Mr. Sinha, learned counsel for the respondent no.8 and Mr. Lalit Kishore, learned counsel for the State to arrive at a settlement. The settlement is the basic purpose of living in harmony and to allow the society to progress founded on the 6 concept „live and let live‟. The appeal is disposed of in terms of the settlement recorded hereinabove. There shall be no order as to costs. A free copy of the order be handed over to Mr.Anil Kumar Verma, learned counsel for the State to do the needful in the matter. Neyaz/ ( Dipak Misra, CJ.) (Mihir Kumar Jha, J.)