IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5368 of 2010 1. MUSAHARI ANCHAL MAHILA MATSYAJIVI SWAWALAMBI SAHKARI SOCIETY LTD., THROUGH ITS CHIEF EXECUTIVE NAMELY DHARMENDRA SAHNI S/O DASHRATH SAHNI R/O VILL.- SHIKANDARPUR (KUNDAL), P.S.- TOWN MUZAFFARPUR, DISTT.- MUZAFFARPUR 2. INDU DEVI W/O RAJESH SAHANI R/O VILL.- SIKANDARPUR, P.S. & DISTT.- MUZAFFARPUR, CHAIRMAN OF PETITIONER NO. 1 SOCIETY Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY ANIMAL AND FISH RESOURCES DEPARTMENT, BIHAR, PATNA 3. THE DIRECTOR, FISHERIES GOVT. OF BIHAR, OLD SECRETARIAT, BIHAR, PATNA 4. THE DISTRICT FISHERIES OFFICER-CUM-CHIEF EXECUTIVE OFFICER, MUZAFFARPUR 5. THE SIKANDARPUR FISHER-MEN CO-OPERATIVE SOCIETY LTD., THROUGH ITS ADMINISTRATOR JAYAS KUMAR SINHA, CO-OPERATIVE EXTENSION OFFICER, MUZAFFARPUR, EAST CIRCLE, DISTT.- MUZAFFARPUR ----------- 02. 01.04.2010 Heard learned counsel for the petitioners and the State. 2. Petitioner society was settled with Brahmpura Oxbow Lake western portion. By the impugned order dated 17.2.2010, Annexure-14 the settlement has been cancelled by the Director, Fisheries, Bihar, Patna. In compliance of the aforesaid order the District Fishery officer, Muzaffarpur under letter No.144 dated 4.3.2010, Annexure-14A has also cancelled the agreement evidencing the settlement made in favour of petitioner society. Against the decision taken by the Director, Fisheries aggrieved person has a remedy of appeal before the Departmental Commissioner in terms of the provisions contained in Sub-Section-(ii) of Section-14 of the Bihar Fish Jalkar Management Act, 2006. 3. From the writ application it does not appear that petitioners have availed the alternative remedy against the order dated 17.2.2010 and the consequential order passed by the District Fishery - 2 - Officer dated 4.3.2010, Annexures-14 and 14A. 4. In the circumstances, this writ application is disposed of with direction to the petitioners to file appeal against the order dated 17.2.2010 and 4.3.2010, Annexures-14 and 14A before the Departmental Commissioner who shall be obliged to consider and dispose of the appeal in accordance with law, as early as possible, in any case preferably within one month from the date of receipt of the memo of appeal along with a copy of this order. 5. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)