IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7829 of 2009 Smt. Shanti Devi, ‘Adhyaksha’ Vindhyawasini Matsya Jivi Swablambi Sahkari Samity Limited, Kaunru-Dhauru, Manjhi Prakhand, Chapra, Bihar, resident of village Kaunru-Dhanru, PS Manjhi, district Saran – petitioner. Vs. 1. The State of Bihar, 2. The Director Fisheries, Bihar, Patna. 3. The District Fisheries Officer-cum-Chief Executive Officer, Saran. 4. Arvind Kumar Mallah, Adhyaksha, Kashyap Matsya Jiwi Swalambi Sahkari Samiti Limited, Manjhi Anchal, Dist. Saran. 5. Sushil Kumar Suman, Mantri, Matsyajivi Sahyog Samiti, Manjhi, village Godha, PS Manjhi, district Saran – respondents. 2 13.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order, dated 4.9.2008 passed by the Director Fisheries, Bihar by which the appeal filed on his behalf has been allowed. The grounds for challenging this order is that out of total 299 members, 78 members were found to be non- fishermen. The order of the Director discusses all aspect of the matter. The settlement was for the years 2007-2008 and 2010-2012. Accordingly, notice was issued and the fishermen and the Societies operating within Manjhi Anchal of Chapra district. On the basis of the membership of each of the Society, the Jalkars were allotted to respondents 4 and 5. The District Fisheries Officer disqualified the petitioner’s society on the on the ground that 78 members were non- fishermen. The appellate court has set aside the findings and held that it is a valid society and is entitled to take settlement of the Jalkars in question and in fact has ordered that for the remaining period, 28 jalkars should be settled with the petitioner Society. This order was 2 passed on 4.9.2008 cancelling the bid which was made in favour of the private fishermen. It is relevant to mention here that the petitioner’s society till today has not taken settlement of jalkars although the order was passed on 04.09.2008 to settle 28 jalkars with them (petitioners). The objection of the petitioner society is that 28 jalkars allocated to him are of low category and the jalkars have not been properly categorized before settlement. On perusal of the order passed by the Director, I find that the Director has noticed the objection raised by the petitioner and has come to a finding that at the time when settlement was made, the petitioner’s society or, for the matter, no other society filed any objection with respect to categorization and, therefore, has held that at this stage this objection cannot be raised by the petitioner. The proper time to raise such objection was at the time when settlement was made. Having not done so, this aspect of the matter cannot be adjudicated after two years of the settlement. In view of the fact that the Director Fisheries has found that the petitioner’s Society is eligible for taking settlement and has already passed an order directing the District Fisheries Officer to settle 28 jalkars with the petitioner, it would be open to the petitioner to immediately apply and take settlement of the jalkars in question. Nothing, therefore, is left for adjudication by this court. This writ petition is, thus, dismissed. haque (Sheema Ali Khan, J.)