Sudhindra Das v. The State of Assam and 2 Ors

ORDER

06.12.2024

¶1Heard Mr. M.K. Hussain, learned counsel for the petitioner and Mr. P. Sharma, learned counsel for the AFDC.

¶2The petitioner's grievance is that the petitioner's representation dated

06.12.2023 praying for release of Rs.10,84,604/- submitted by the petitioner for the years 2016 – 2017, 2017 – 2018, 2018 – 2019 and 2019 – 2020 as excess revenue has not been released to the petitioner.

¶3The petitioner's counsel submits that Shunduba-Pavakati Beel in Morigaon District was settled with the petitioner for a period of 7 years on his bid amount of Rs.22,51,555/- in pursuant to an NIT dated 12.07.2013.

¶4The Managing Director of AFDC passed office order dated 18.04.2015 re-fixing the yearly revenue payable by the petitioner amounting to Rs.13,06,339/- from the year 2016 – 2017. Accordingly, the petitioner deposited yearly revenue amounting to Rs.13,06,339/- for the years 2016 – 2017, 2017 – 2018, 2018 – 2019 and 2019 – 2020. Thereafter the settlement of the fishery with the petitioner was extended for another 3 years, re-fixing the yearly revenue amounting to Rs.10,35,188/-. The petitioner's case is that he deposited excess revenue of Rs.10,84,604/- for the year 2016 – 2017, 2017 – 2018, 2018 – 2019 and 2019 – 2020.

¶5The petitioner's counsel submits that the petitioner's representation dated Page No.# 3/3

06.12.2023 for release of the excess revenue payment made by the petitioner should be decided by the respondent authorities.

¶6Mr. P. Sharma, learned counsel for the AFDC submits that he has got no objection, if a direction is issued to the respondent AFDC to take a decision on the petitioner's representation dated 06.12.2023.

¶7On perusing the writ petition, it is seen that the petitioner had been settled with the Shunduba-Pavakati Beel in Morigaon District for 7 years from

01.04.2013 to 31.03.2020. It is also seen that in view of the prayer for extension of the settlement of the fishery made by the petitioner, the petitioner had to file two writ petitions i.e. WP(C) 2175/2020 and WP(C) 2943/2020. The settlement of the fishery was extended by another 3 years by the AFDC.

¶8As the petitioner's representation regarding his claim that he has paid excess revenue is an issue to be decided by the AFDC, this Court directs the AFDC to take a decision on the petitioner's representation dated 06.12.2023, within a period of 2 (two) months from the date of receipt of a certified copy of this order. In the event the petitioner's representation dated 06.12.2023 has already been disposed of, the decision should be communicated to the petitioner.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010254742024 2024:GAU-AS:12344 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6480/2024 SUDHINDRA DAS S/O- ARJUN DAS, VILLAGE- KUSUMPUR, P.O- BURABURI, P.S- MAYONG, DIST- MORIGAON, ASSAM, PIN-782411 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-06 2:THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED REPRESENTED BY THE MANAGING DIRECTOR VIP ROAD SIX MILE CHACHAL BORBARI GUWAHATI 781036 ASSAM 3:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. CHACHAL V.I.P. ROAD GUWAHATI-3 Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : SC, AFDC, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA