Bapkhat Jibika Path Meen Mahal Samabai Samiti Ltd. and Anr v. The State of Assam and 2 Ors

ORDER

29.11.2024 Heard Mr. S. Biswakarma, learned counsel for the petitioners. Also heard Mr. S.R. Baruah, learned counsel for the State respondents.

¶2The petitioners have prayed for setting aside the show-cause-notice dated

14.08.2019, by which the petitioner No.1 was directed to show cause as to why Bakijai proceedings should not be initiated against him, on failure to deposit the amount of Rs.1,93,355/-. The petitioners have also prayed for a direction to be issued to the respondents, to consider the representation of the petitioner No.1 to grant remission of revenue.

¶3The petitioner's case is that pursuant to a tender process, the petitioner No.1 was awarded settlement of 34 No. Boralimora Fishery, vide order dated

27.09.2012, at it's quoted rate of Rs.32,226/- per annum, for a period of 7 years. However, the petitioner No.1 could not fish in the fishery, as the same was allegedly occupied by persons, who conducted illegal fishing therein. As the petitioner's representation for remission of the revenue due to illegal fishing conducted by miscreants was not being considered by the State respondents, the petitioners filed Title Suit No.23/2014 before the Court of Munsiff No.1, North Lakhimpur. In Title Suit No.23/2014 the petitioners did not implead the State respondents as parties. Title Suit No.23/2014 was disposed of ex-parte, vide judgment and order dated 10.06.2015, as follows:- "The suit of the plaintiff is decreed ex-parte with cost. It is hereby declared that the plaintiffs have right to operate in the suit fishery, by evicting the Page No.# 3/4 defendants from the suit fishery. And thereafter the defendants, their men, their agents, their representatives are permanently restrained from fishing in the suit fishery. Furthermore, the defendants are jointly and severally liable to pay compensation, amounting to Rs 1,50,000/- (one lakh fifty thousand only) to the plaintiffs with a interest of 6% per annum until the full and final realization of the compensation amount.

¶20Prepare decree accordingly.

Given under my hand and the seal of this court on this the 10th day of June, 2015 at North Lakhimpur." A decree was accordingly made in Title Suit No.23/2014 on 10.06.2015.

¶4The petitioners' counsel submits that the period of settlement of the fishery ended on 26.09.2019, without the State respondents having taken a decision on the prayer of the petitioners, to consider the remission of the revenue payable by the petitioners. Instead Bakijai proceedings has been initiated against the petitioners for recovery of a sum of Rs.1,93,355/-.

¶5The petitioners' counsel submits that the fishery has been returned to the possession of the State respondents on 18.06.2018. He submits that the writ petition can be disposed of, if the petitioners are allowed to submit a fresh representation to the State respondents, for considering the petitioners' prayer for remission of the revenue payable by them.

¶6Mr. S.R. Baruah, learned counsel for the State respondents has brought the official records and the same does not indicate anywhere that the fishery has been returned to the possession of the State respondents. Mr. S.R. Baruah however submits that the fishery is no longer a fishery and it is now filled with sand. He submits that he has got no objection to the prayer made by the Page No.# 4/4 petitioners' counsel, for submitting a fresh representation with regard to their grievance, which the respondents shall decide within a specified time period.

¶7In view of the consent of the parties, the petitioners are given the liberty to submit a fresh representation for remission of the revenue payable by them to the respondent No.1, who shall take a decision on the petitioners' representation, within a period of 3(three) months from the date of receipt of a certified copy of this order. The petitioners are also given liberty to file the fresh representation within a period of 2(two) weeks from today. Till a decision is taken by the respondent No.1, the Bakijai proceedings initiated against the petitioner No.1, for a sum of Rs.1,93,355/-, shall remain stayed.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010238042019 ooooooo 2024:GAU-AS:11864 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7336/2019o BAPKHAToJIBIKAoPATHoMEENoMAHALoSAMABAIoSAMITIoLTD.oANDoANR.o VILL.oBAPKHAT,oP.O.oPHUKANHAT,oP.SoPANIGAON,oNORTHoLAKHIMPUR,o LAKHIMPURoREP.oBYoITSoPRESIDENT,oSRIoDHARMESWARoDAS 2:oDHARMESWARoDAS oS/OoLT.oDEBENoDAS oVILL.oBAPKHAT P.O.oPHUKANHAT oP.S.oPANIGAON oNORTHoLAKHIMPUR oLAKHIMPURoPRESIDENT oBAPKHAToJIBIKAoPATHoMEENoMAHALoSAMABAIoSAMITIoLTDo VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o FISHERYoDEPTT.oDISPUR,oGUWAHATI-781006 2:DEPUTYoCOMMISSIONER oLAKHIMPUR oNORTHoLAKHIMPUR oREVENUEo(SETTLEMENT) oBRANCH 3:ADDITIONAOoDEPUTYoCOMMISSIONERo(REVENUE) oLAKHIMPUR oNORTHoLAKHIMPUo AdvocateoforotheoPetitionerooooo:oMR.oSoBISWAKARMA,oMSoGoDAS,MS.oAoLONGSUo AdvocateoforotheoRespondento:oGA,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA