High Court Patna High Court - Orders

Noor Sarai Prathmik Matasyajib vs The State Of Bihar &Amp; Ors on 2 July, 2008

Patna High Court – Orders
Noor Sarai Prathmik Matasyajib vs The State Of Bihar &Amp; Ors on 2 July, 2008
     IN THE HIGH COURT OF JUDICATURE AT PATNA
                   LPA No.222 of 2008
    NOOR SARAI PRATHMIK MATASYAJIBI SWABLAMBI
               SAHKARI SAMITI LIMITED
                        Versus
              THE STATE OF BIHAR & ORS
                       -----------

For the appellant : Mr.Alok Kumar Sinha- 1, Advocate

For the respondents : Mr. Prasoon Sinha, Govt. Advocate,3.

——–

PRESENT

Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal

—-

Dated, the 2nd July, 2008.

In the impugned order, a direction has been issued to

the District Fisheries Officer-cum- Chief Executive Officer, Nalanda,

to pass an appropriate order for proportional settlement in favour of

members of the petitioner- society within one month from the date of

deposit of the amount as directed in the order dated 21.11.2007.

2. Mr. Prasoon Sinha, the State Counsel, submits that

petitioner-society has not deposited the amount as directed in the

order dated 21.11.2007 and due to that the District Fisheries Officer-

cum-Chief Executive Officer, Nalanda, has not proceeded with the

proportional settlement.

3. The counsel for the appellant is not in a position to refute

the statement of the State Counsel.

-2-

4. In this view of the matter, we are satisfied that the

impugned order does not call for any interference. However, in the

interest of justice, we observe that if within two weeks from today, the

appellant-society deposits the amount as directed in the order dated

21.11.2007 passed by the Director Fisheries, Bihar, Patna, the District

Fisheries Officer-cum- Chief Executive Officer, Nalanda, shall

complete the exercise of proportional settlement within one month

therefrom.

5. With the aforesaid observations, the Letters Patent Appeal

is disposed of.

R.M. Lodha, CJ

Kishore K. Mandal, J.

Sunil