Biren Majumdar v. The State of Assam and 8 Ors

ORDER Date : 16-05-2024 Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakoti, learned counsel for the petitioner and Mr. P. Sarma, learned counsel for the respondent Nos. 1 to 7. Page No.# 3/6

¶2It is the second time the petitioner is before this Court. The earlier the writ petition being WP(C) No. 4296/2023 was disposed of on 31.07.2023 with a direction that the balance amount of earnest money be allowed to be deposited by the petitioner by 11.09.2023. On depositing the said amount by the petitioner, the respondent authorities will recall the impugned order dated

07.07.2023 by which the settlement in favour of the petitioner was cancelled.

¶3The petitioner thereafter deposited the balance amount but he has been served with a letter dated 06.01.2024 issued by the Managing Director, Assam Fisheries Development Corporation Limited (respondent No. 4) by which the application of the petitioner praying for permission to carry out the developmental works of Udari Meen Mahal in the district of Morigaon was made subject to him depositing the amount of revenue due for the year 2022-2023 amounting to Rs.23,80,193.00 (Rupees Twenty Three Lakhs Eighty Thousand One Hundred and Ninety Three) and for the year 2023-2024 amounting to Rs.24,46,022.00 (Rupees Twenty Four Lakhs Forty Six Thousand and Twenty Two). The total amount that has been demanded is Rs.48,26,215.00 (Rupees Forty Eight Lakhs Twenty Six Thousand Two Hundred and Fifteen). The said communication dated 06.01.2024 has been put to challenge by the petitioner in the instant writ petition.

¶4Mr. K.N. Choudhury, learned Senior Counsel assisted by Ms. R. Kakoti, learned counsel for the petitioner submits that Udari Meen Mahal has not been formally handed over to the petitioner and despite this, the respondent No. 4 has issued the impugned letter dated 06.01.2024 demanding the revenue as stipulated in the said letter. He submits that in fact the land area and the water area has been reduced to ¼th compared to what was stated by the respondent No. 2 in the advertisement. The petitioner having not been able to make any Page No.# 4/6 developmental works in the Fishery, the respondent No. 4 has arbitrarily demanded revenue as mentioned in the communication dated 06.01.2024.

¶5The learned Senior Counsel submits that it is a settled position in law that under no circumstance, can it be construed that demand of kist money for a period where the fishery was not even in possession of the allottee be held to be a legitimate demand, as was done in the instant case. In support of his submissions, the learned Senior Counsel relies upon the case of M/S Parghat Koibarta Min Shilpa Samabai Samity Ltd. Vs. The State of Assam and Ors., [WP(C) No. 2567/2012] which was disposed of by a Coordinate Bench of this Court vide order dated 19.02.2019. While challenging the claim made by the respondent No. 4 vide communication dated 06.01.2024, the learned Senior Counsel however submits that the petitioner does not dispute the amount of kist money payable for 2023-2024 to the Corporation which comes to Rs.24,46,022.00 (Rupees Twenty Four Lakhs Forty Six Thousand and Twenty Two). He therefore submits that the impugned communication dated 06.01.2024 should be set aside.

¶6Mr. P. Sarma, learned counsel for the respondent Nos. 1 to 7 on the other hand submits that a Deed of Agreement was executed on 29.09.2023 between the respondent Corporation and the petitioner, settling the fishery for a period of seven (7) years beginning from 07.08.2023 up-to 31.03.2029 and therefore, the petitioner cannot dispute the fact that no handing over of the fishery had taken place. As for the impugned communication dated 06.01.2024, the learned counsel for the respondent Nos. 1 to 7 agrees that there may be some mistake in the demand made for the financial year 2022-2023 and for which the respondents may be given liberty to examine the same.

¶7The learned counsel by further referring to the letter dated 11.10.2023 Page No.# 5/6 (Annexure-I) written by the respondent No. 4 to District Commissioner, Morigaon district submits that it is clear from that letter that the petitioner has submitted a complaint about the unauthorized fishing carried out by some persons in the fishery (beel) allotted to the petitioner vide letter No. AFDC 06/2022/4170 dated 29.09.2023 for a period of seven (7) years up-to

31.03.2029. Therefore, the petitioner cannot dispute the fact that the fishery has been allotted to him and much less dispute the handing over the fishery to him.

¶8Upon hearing the learned counsel for the parties, the Court is of the considered view that in view of the discrepancies that has been noticed in the impugned letter dated 06.01.2024 (Annexure-K), the respondent authorities concerned should reconsider the demand made for the revenue from the petitioner in the light of the agreement entered between the parties on

29.09.2023 and also in view of the fact that as per the claims of the petitioner the actual possession of the Meen Mahal is that the same has been reduced to ¼th of the area as compared to what was stated by the respondent No. 2 in the advertisement concerned.

¶9In view of the above, the impugned communication dated 06.01.2024 is set aside and the matter is remanded back to the respondent No. 4 for reconsideration and for passing appropriate orders. It is also provided herein that before such order is passed, the respondent No. 4 shall give the petitioner an opportunity of hearing. The decision be taken by the respondent No. 4 within a period of four (4) weeks from the date of receipt of certified copy of this order. Till such decision is taken by the respondent authorities, no coercive steps be taken against the petitioner. Page No.# 6/6

¶10Writ petition stands disposed of in the above terms.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010044442024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1264/2024o BIRENoMAJUMDARo VILL-oKASHARIJAN,oP.O.-KARATIPAM,oP.S.-MORIGAON,oMOUZA-o GHAGUA,oDIST-oMORIGAON,oASSAM,oPIN- VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoFISHERYo DEPARTMENT,oGOVERNMENToOFoASSAM,oDISPUR,oGUWAHATI-781006 2:THEoASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLTD oREPRESENTEDoBYoITSoCHAIRMAN oVIPoROAD oCHACHAL oGUWAHATI-781036 oASSAM 3:THEoCHAIRMAN oASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLTD. oCHACHAL oVIPoROAD oGUWAHATI-781036 oKAMRUPo(M)oDISTRICT oASSAM 4:THEoMANAGINGoDIRECTOR oASSAMoFISHERIESoDEPARTMENToCORPORATIONoLTD oVIPoROAD oCHACHAL oGUWAHATI-781036 oASSAM Page No.# 2/6 5:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022 6:THE PROJECT MANAGER ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. VIP ROAD CHACHAL TO HE GUWAHATI-781036 KAMRUP (M) ASSAM 7:THE DISTRICT FISHERY DEVELOPMENT OFFICER MORIGAON MORIGAON DISTRICT ASSAM PINCODE-782105 8:THE ASSISTNAT REGISTRAR OF CO-OPERATIVE SOCIETIES MORIGAON DIST-MORIGAON PICODE-782105 9:CIRCLE OFFICER MAYONG REVENUE CIRCLE MORIGAON MORIGAON DISTRICT PINCODE-78210 Advocate for the Petitioner : MR. K N CHOUDHURY Advocate for the Respondent : SC, AFDC BEFORE HONOURABLE MR. JUSTICE NELSON SAILO