IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18042 of 2008 RAM DAS PRASAD, SON OF LATE KAMAL PRASAD, RESIDENT OF KORARI TOLA, BHARAULI, P.S.- DARAUNDA, DISTRICT- SIWAN. ----- PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT, PATNA. 2. THE COLLECTOR, SIWAN-CUM-CHAIRMAN, MANAGING COMMITTEE, SIWAN. 3. THE DIRECTOR FISHERIES, DIRECTORATE OF FISHERIES, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT FISHERIES OFFICER, GOVERNMENT OF BIHAR, CUM-CHIEF EXECUTIVE OFFICER, SIWAN. 5. RAJENDRA BIN, SON OF NOT KNOWN, RESIDENT OF VILLAGE- DUMRI, P.S.- DARAUNDA, DISTRICT- SIWAN. 6. RAJ KISHORE SINGH, SON OF DUDHNATH SINGH, RESIDENT OF DAWAN CHAPRA, P.S.- DARAUNDA, DISTRICT- SIWAN. 7. THE SECRETARY, SIRSAON FISHERIES COOPERATIVE SOCIETY, DARAUNDA, DISTRICT- SIWAN. ----- RESPONDENTS. ----------- 2 6.7.2009 This writ application has been filed challenging the action of Respondent No. 7, The Secretary, Sirsaon Fisheries Cooperative Society, Daraunda in the district of Siwan. The Secretary has purportedly settled about 50 Jalkars in favour of Respondent No. 5 Rajendra Bin who is the member of the said Respondent No. 7 society. The submissions made on behalf of the petitioner are that the provisions of Section 10 of the Bihar Fish Jalkars Management Act, 2006 (hereinafter referred to as the ‘Act’) has been given a go bye inasmuch as Clause A of Sub-Section 10 provides that the settlement of the Jalkars by the Secretary of the Society should be made to the persons of t he village 2 and thereafter iF there are no members available from the village where the Jalkar is situated, it can be made to a member of a close by village. It is contended that Respondent No. 5 is not a resident of the village where the Jalkars are situated whereas the petitioner is only the member of the Cooperative Society who is of the same village and yet he has been denied settlement of Jalkars. A counter affidavit has been filed by the State stating therein that the District Fisheries Officer vide letter no. 391 dated 2.11.2006 has issued notice to the Secretary of the Society which has been followed by a notice issued vide memo no. 2867 on 1.12.2008. The Secretary of the Society has not appeared before the District Fisheries Officer to answer the allegations contained in the said show cause notices. It is admitted on behalf of the State that the action of the Secretary of the Society is not in accordance with Section 10 of the Act. This Court directs the respondentto issue show cause notice to Rajendra Bin 3 (Respondent No. 5) within one week on receipt/production of a copy of this order to answer the allegations made against him and also issue fresh notice to the Secretary of the Sirsaon Fisheries Cooperative Society, Daraunda, District- Siwan within the aforesaid time and also consider superseding the Society and taking appropriate action if the Secretary of the Society does not appear and answer the charges levelled against him. The Respondent no. 4 will also consider whether it would be appropriate to cancel the settlement made in favour of Respondent No. 5, Rajendra Bin after hearing him if he appears after the notice. The entire proceedings should be concluded within a period of three months from the date of receipt/production of a copy of this order. It goes without saying that the petitioner is also entitled to be heard in the matter and he should also be informed regarding the date fixed for hearing this case. This writ application is disposed of with the aforesaid directions. Sanjay (Sheema Ali Khan, J.)