IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14688 of 2006 ALI NAGAR ANCHAL MATSHYAJEEVI SWAWLAMBI SAHAKARI SAMITI LTD. Versus THE STATE OF BIHAR & ORS ----------- 2. 31.7.2008. Heard learned counsel for the petitioner and the State. 2. The prayer of the petitioner for grant of remission on account of there being draught during the period of settlement, has been refused by the District Fishery Officer under order dated 4.11.2006, Annexure-3 without seeking the opinion of the Managing Committee constituted under the provisions of Bihar Fish Jalkar Management Act, 2006(hereinafter referred to as “the Act”) as is required under Sub-Section (iii) of Section 12 of the Act. Since the prayer for remission on the ground of draught during the settlement period has been refused without applying the mandatory provision contained in Sub-Section(iii) of Section 12 of the Act, I deem it expedient to quash order dated 4.11.2006, Annexure-3, with direction to the petitioner to file representation before the Managing Committee, which should be considered and disposed of in the light of the report of the Collector of the District and if the claim of the petitioner that there was draught during the settlement period is found true then appropriate orders remitting the amount be passed in accordance with law as early as possible, in any case, within a period of one month from the date of filing of the request before the Managing Committee. 3. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha, J.)