IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11953 of 2010 1. KANHAIYA CHOUDHARY S/O LATE DUKH HARAN CHAUDHARY R/O VILL CHANPURA, P.O.BASAITH, P.S. BENIPATTI, DISTT-MADHUBANI – Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, ANIMAL HUSBANDRIES AND FISHARIES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 2. THE DIRECTOR, ANIMAL HUSBANDARY AND FISHARIES DEPARTMENT GOVERNMENT OF BIHAR, PATNA 3. DISTRICT FISHARIES OFFICER MADHUBANI 4. ANCHAL ADHIKARI BENIPATTI ANCHAL, MADHUBANI 5. RAJ KUMAR MUKHIYA, SECRETARY BENIPATTI ANCHAL FISHARIES CO- OPERATIVE SOCIETY LTD, BENIPATTI, DISTT-MADHUBANI – Respondents. ----------- 4 30.8.2010 In spite of the specific direction of this court in its orders, dated 29.7.2010 and 13.8.2010 with respect of orders contained in Annexures 6 and 6/A, no counter affidavit has been filed. The two orders of this court passed on 31.3.2003 in CWJC No. 7439/2002 and 28.2.2007 in CWJC No. 28.2.2007 envisages that the settlement of tanks should be made in favour of the petitioner of the case as their tanks / jalkars has merged with the Sairat of the State of Bihar. The earlier orders envisages that the procedure under the new Sairat Settlement Act, 2006 have to be followed for the purpose of granting settlement to the land holder, if he is able to compete with the price fixed for settlement of the said jalkars. Now 2006 Act has been amended and accordingly the District Fisheries Officer / Director Fisheries would necessarily have to settle the jalkars in favour of the petitioner in accordance with the provisions of the new Act. The petitioner would be required to 2 deposit the settlement amount with respect to the jalkars to deposit in proportion to the area owned by the State of Bihar. This writ petition is disposed of with the aforesaid observations and directions. The petitioner would be at liberty to bring this order to the notice of the District Fisheries Officer, Madhubani and the Director, Animal Husbandry and Fisheries Department, Bihar within eight weeks from the date of its receipt. haque ( Sheema Ali Khan, J.)