Saikhowa Sadiya Meen Samabay Samiti Ltd v. The State of Assam and 4 Ors

ORDER Date : 24.09.2024

No one appears for the petitioner on call. Mr. S. R. Baruah, learned counsel appears for the respondent Nos. 1 to 4. No one appears for the respondent No. 5.

¶2The petitioner is aggrieved by the resolution dated 29.07.2017 adopted by the Specially Constituted Committee to define and re-define the river fishery mahals falling in the district of Tinsukia, more particularly, the decision requiring the members of the Fishermen Community to be a part of "Dibru Saikhowa National Park Fisherman EDC". By the aforesaid resolution, it was decided by the committee that the entire fishery was under the Eco Sensitive Zone of the National Park and hence, commercial activities would be restricted therein.

¶3By way of an additional affidavit, the petitioner had brought on record an order dated 16.01.2017 issued by the office of the Deputy Commissioner, Dibrugarh by which the concerned fishery had been settled with the petitioner for 7 years. As such, the petitioner's case is that it's right to operate the fishery for 7 years cannot be disturbed.

¶4As can be seen from the additional affidavit, the settlement of the fishery with the petitioner expired in January, 2024. The petitioner is not represented Page No.# 3/3 today. The petitioner was also not represented on 16.09.2023. It appears that the petitioner is not interested in pursuing the matter, inasmuch as the settlement period of the fishery was expired.

¶5The writ petition is accordingly dismissed for non-prosecution.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010039532017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5599/2017o SAIKHOWAoSADIYAoMEENoSAMABAYoSAMITIoLTD.o AoREGISTEREDoFISHERYoCO-OPERATIVEoSOCIETY,oHAVINGoITSo REGISTEREDoOFFICEoAToHATIGHULI,o DHOLLA,oINoTHEoDIST.oOFoTINSUKIA,oASSAM,oREP.oBYoITSoSECRETARYo SHRIoMAINAoBISWAS,o R/OoVILL-oHATIGHULI,o P.O.oSAIKHOWAGHAT,o P.S.oDHOLLA,oDIST.oTINSUKIA,o ASSAM,oPINo-o786154. VERSUSo THEoSTATEoOFoASSAMoando4oORS.o REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoSSAM,oFISHERYo DEPARTMENT,oDISPUR,oGUWAHATIo-06. 2:THEoDEPUTYoCOMMISISONER oTINSUKIA. 3:THEoDEPUTYoCOMMISSIONER oDIBRUGARH 4:THEoCOMMITTEEoCONSTITUTEDoTOoDEFINEoANDoRE-DEFINE oTHEoRIVERoFISHERYoMAHALSoFALLINGoWITHINoTHEoJURISDICTIONoOFo DIBRUoSAIKHOWAoNATIONALoPARK/DIBRUoSAIKHOWAoBIOSPHEREo RESERVEoINoRESPECToOFoCORE oBUFFERoANDoECO-SENSITIVEoZONE oREP.oBYoTHEoNODALoOFFICERoADDITIONALoDEPUTYoCOMMISSIONER oTINSUKIAoI/CoFISHERY. 5:THEoDIBRUoSAIKHOWAoNATIONALoPARK oFISHERMANoEDC oANoECO-DEVELOPMENToCOMMITTEEoTINSUKIAo Page No.# 2/3 Advocate for the Petitioner : MR.A BHATTACHARJEE, MRG DEKA,MR.N G KUNDU,MR.P K R CHOUDHURY Advocate for the Respondent : , GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA