IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.212 of 2010 BAHADURPUR ANCHAL MATASYAJIVI SAHYOG SAMITI LTD.BAHADURPUR THROUGH ITS SECRETARY BALESHWAR SAHNI S/O BUDHU SAHNI R/O VILL- SINWAR GOPAL, P.S- BAHADURPUR, DISTT- DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT FISHERIES OFFICER CUM CHIEF EXECUTIVE OFFICER, DARBHANGA ----------- 2. 8.1.2010. Heard learned counsel for the petitioner and the State. It appears petitioner-Society has submitted its claim for remission of the settlement amount in terms of the provisions contained in Sub Section II of Section 12 of the Bihar Fish Jalkar Management Act,2006 hereinafter referred to as the Act, which is to be considered by the Managing Committee constituted under Sub Section XIV of Section 2 of the Act, but the application of the Society is not being forwarded by the District Fishery Officer, Darbhanga to the said Managing Committee. The District Fishery Officer, Darbhanga before whom the remission application was filed called upon the Secretary of the Society under letter no.217 dated 14.5.2009 to furnish the certificate indicating that the tank/area in question suffered epidemic causing loss of fish but as - 2 - the certificate has not been furnished the District Fishery Officer is not forwarding the application. Learned counsel for the petitioner with reference to the provisions contained in Section 12 of the Act submitted that no sooner the Managing Committee of the Society resolved to claim remission, the application filed in terms of the resolution of the society before the District Fishery Officer should have been forwarded to the Managing Committee constituted under Sub Section XIV of Section 12 of the Act but in the instant case, application filed on 24th January,2009 contained in Annexure-2A was not forwarded in the light of the resolution of the Managing Committee dated 24.1.2009 (Annexure-2) to the Managing Committee constitute under Sub Section XIV of Section 12 of the Act. Having heard counsel for the petitioner and the State, I dispose of the writ application directing the District Fishery Officer concerned to forward the application of the Society dated 24.1.2009 contained in Annexure-2A to the Managing - 3 - N.H./ Committee constituted under Sub Section XIV of Section 2 as early as possible in any case within one month from the date of receipt/production of a copy of this order. ( V.N. Sinha,J.)