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
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For the appellant : Mr.Alok Kumar Sinha- 1, Advocate
For the respondents : Mr. Prasoon Sinha, Govt. Advocate,3.
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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.
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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