Judgment Ram Nandan Prasad, J. 1. The petitioner no.1 is a Panchayat level Co- operative Society and petitioner no.2 is the Secretary of the said Society. Jalkhar in question was initially settled with the petitioners for the period 1st April 1990 to 31st March, 1993, annexure 5. The settlement in favour of the petitioners was cancelled vide annexure 9 on the ground that as per the decision of the Animal Husban-dary and Fisheries Department settlement has to be made with the block level Fishermen Co-operative Society. The petitioners have challenged annexure 9 in this writ application. The period of settlement has already expired on 31st March 1993. However, learned counsel for the petitioners contended that cancellation of settlement vide annexure 9 is bad in law. In this regard it would be necessary to mention that vide notification dated 25.7.1986, annexure 1, Co-operative Department took a decision for registration of Fishermen Co-operative Society at the Panchayat level. The said decision was cancelled vide notification dated 31.1.1987, annexure 2. However, in terms of Article 166 of the Cosntitution of India annexure 2 to the supplementary affidavit, was issued which was published in the Bihar Gazette dated 27.12.1986 whereby a decision was taken for settlement of Jalkars with the Panchayat level Fishermen Co-operative Society, Scheduled Caste Co-operative Society or Scheduled Tribe Co-operative Society. It was also decided that if there is no such Co-operative Society at Panchayat level, efforts be made for registration of such Co-operative Society. No document has been annexed/produced to show that the government decision published in the Gazette dated 27.12.1986, annexure 2, has been superseded. In the show cause filed on behalf of respondents no.5 and 6 a notification dated 11.5.1987 has been annexed as annexure 5 to show that Animal Husbandary and Fisheries Department has taken a decision to settle. Sairat with the Block level Fishermen Co-operative Society. Stand has also been taken that since annexure 5 has been issued, therefore, cancellation of settlement in favour of the petitioner vide annexure 9 is not at all bad in law. 2. It is manifest from the materials on record that initially settlement was made in favour of the petitioner, who is Fishermen Co-operative Society at the Panchayat level. Subsequently, it was cancelled on the ground that as per the Animal Husbandary and Fisheries Department notification it has to be settled with the Fishermen Co-operative Society at the Block level. 2. It is manifest from the materials on record that initially settlement was made in favour of the petitioner, who is Fishermen Co-operative Society at the Panchayat level. Subsequently, it was cancelled on the ground that as per the Animal Husbandary and Fisheries Department notification it has to be settled with the Fishermen Co-operative Society at the Block level. However, there is nothing on the record to show that the government notification published in the Bihar Gazette dated 27.12,1986 whereby the decision was taken to settle the Safest with the Fishermen Co- operative Society at the Panchayat level has been superseded. A decision of the Division Bench in C.W.J.C. No. 3369 of 1991 has been annexed as annexure 12 to the supplementary affidavit wherefrom it appears that while the writ petition was being disposed of it was observed that until the petitioner-society at Panchayat level is wound up in accordance with law, it will be entitled for consideration for taking settlement in respect of the Jalkar. A decision of the Division Bench in C.W.J.C. No. 2621 of 1992 has been annexed as annexure M to the reply to the supplementary affidavit wherein the order of C.W.J.C. No. 3369 of 1991 has been referred and held that settlement has to be made in accordance with law upon taking into consideration the cases of all eligible candidates. Thus, it is evident that there is nothing in the decision of the Division Bench to show that the government notification, annexure 2 to the supplementary affidavit, has been held to be not operative. 3. It is well known that the government decision can be superseded only by the government decision. A decision of the department of the government cannot over-ride a decision taken at the government level in terms of Article 168 of the Constitution. Thus, it can safely be said that annexure 2 to the supplementary affidavit which was published In Bihar Gazette dated 27.12.1997 is operative. Therefore, the Fishermen Co-operative Society at Panchayat level is entitled for consideration for settlement of Jalkars provided it fulfills the other conditions required under different circulars etc. 4. Thus, this writ petition is disposed of. The terms of settlement has already expired but the petitioner, who is Fishermen Co-operative Society at Panchayat level is entitled for consideration for settlement of Jalkars situated within the Panchayat subject to fulfilment of other requirements for settlement.