IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13347 of 2009 1. Bokhra Prakhand Matasyajivi Swablambi Sahyog Samiti Ltd. through its Chief Executive namely Smt. Siya Devi 2. Siya Devi W/o Sri Ram Pramod Sahni, resident of village Bokhra, Toley Bagarwan, P.O. Bokhra, P.S. Nanpur, District Sitamarhi Versus 1. The State Of Bihar, through the Secretary, Animal Husbandry and Fisheries Deptt. Bihar, New Secretariat, Bailey Road, Patna 2. The Director, Fishery, Bihar Old Secretariat Purani Talab, Patna, Bihar 3. The Distt. Fishery Officer cum Chief Executive Officer, Sitamarhi 4. Bokhra Prakhand Matasyajivi Swablambi Sahyog Samiti Ltd. through its Chief Executive namely Sri Sunil Prakash son Sri Baleshwar Prasad Sahni, resident of village Bokhra, Toley Bagarwan, P.O. Bokhra, P.S. Nanpur, Distt. Sitamarhi ----------- 03/ 26.10.2009 Heard learned counsel for the parties. 2. Petitioner- Fishermen Self Supporting Cooperative Society is aggrieved by the appellate order dated 24.4.2008, passed in Appeal Case No. 19 of 2007 communicated under memo. No. 1215 dated 25.4.2008, Annexure-6, dismissing the appeal and affirming the original settlement order dated 18.4.2007, whereunder the Jalkars in question were settled with another society, namely, Respondent no.4. 3. It is submitted on behalf of the petitioners that Jalkars in question were not settled with the petitioner- society, as petitioner- society at the time of settlement was not registered for the whole block. Later, amendment has been made as would appear from Form No. VII dated 28.3.2009, as contained in Annexure-12, whereunder the society has been registered in terms of the provisions contained in Section 25 of the Bihar Cooperative Societies Act, 1996 for the whole block and 2 thereby, according to the learned counsel for the petitioners, the appellate order dated 24.4.2008, Annexure-6 should be reconsidered by the appellate authority in view of the contents of Form VII dated 28.3.2009, Annexure-12. 4. When the appellate order dated 24.4.2008, Annexure-6 was passed, Form VII dated 28.3.2009, Annexure- 12 was not in existence, may be on account of delay by the authorities in considering the amendment, could not have been considered by the appellate authority so submitted counsel for the private Respondent no.4. According to her, the appeal has been rightly dismissed as it was dismissed earlier on the ground that the petitioners were not eligible for applying for the settlement of the Jalkar, as the petitioner Cooperative Society on the date of application was not registered for the whole block and the subsequent amendment would not come to their help for success in appeal. In support of such submission, reliance is placed on the judgment of this Court rendered in the case of Katra Anchal Matsyajivi Swablambi Samiti Ltd. Versus The State of Bihar and others, reported in 2004 (2) BLJ 65. Further, reliance is placed on another unreported order of this Court dated 25.6.2008, passed in C.W.J.C. No. 16416 of 2007, whereunder this Court held that unless the Cooperative Society is registered for the whole block, it cannot be an applicant for settlement of Jalkars. 5. Aforesaid two submissions made on behalf of 3 private Respondent no.4 is not being taken into account by this Court at this stage, as this Court is of the view that appellate order is dated 24.4.2008 and at that stage amendment was not allowed. 6. Accordingly, this writ application is disposed of with direction to the appellate authority to reconsider the matter afresh in the light of the subsequent amendment allowed in Form No. VII dated 28.3.2009, Annexure-12 and if the appellate authority is satisfied that the amendment shall relate back to the date of application or to the date of registration of the Society, the appellate authority shall reconsider the appellate order and pass appropriate orders in accordance with law as early as possible in any case within sixty days of the receipt of the petition. 7. It goes without saying that until the appellate order is recalled or modified by the appellate authority, the status quo, as existing today, be maintained. 8. The petition filed by the petitioners in the light of this order should be considered by the appellate authority at the earliest, in any case within 60 days from the date of its filing. Arjun/ ( V.N. Sinha, J.)