Barkana Beel Fishery Ss Ltd v. Assam Fisheries Development Corporation Ltd and 3 Ors

ORDER

12.06.2024

¶1Heard Mr. R. Ali, learned counsel for the petitioner and Mr. P. Sharma, learned counsel for the AFDC.

¶2It is the case of the petitioner, which is a Cooperative Society that the Kapla Fishery in the district of Barpeta was settled with the petitioner for a period of 7 years and possession thereof was handed over to him on

04.01.2019.

¶3During the pendency of the said lease, the petitioner claims to have been allotted work for development of the said Fishery, which according to the petitioner, was completed and bills amounting to Rs. 10,18,314/- was submitted. The learned counsel for the petitioner submits that Project Engineer, vide letter dated 11.11.2021 had requested the Managing Director, Assam Fishery Development Corporation (AFDC) to adjust the aforesaid amount of Rs.10,18,314/- against the revenue.

¶4It is the case of the petitioner that without adjusting the same, presently a notice has been issued on 27.01.2023, demanding an amount of Rs. 17,64,633/- within 7 days, failing which the settlement would be cancelled. Page No.# 3/3

¶5The petitioner's counsel submits that the development work of the fishery has been done by the petitioner on the basis of the orders/directions passed by the AFDC. He submits that though the petitioner has submitted a representation dated 08.02.2023 to the respondent no.2 to make a field verification of the fishery and to take a decision as to adjust the amount of Rs.10,18,205/- against the kist money payable by the petitioner, no decision has been taken by the AFDC till date. He submits that the present writ petition can be disposed of, if a direction is issued to the respondent no.2, to take a decision on the petitioner's representation dated 08.02.2023.

¶6Mr. P. Sharma, learned counsel for the AFDC submits that he does not have any objection to the prayer made by the petitioner's counsel.

¶7On considering the submission made by the parties and with their consent, the writ petition is disposed of with a direction to the respondent no.2, to take a decision on the petitioner's representation dated 08.02.2023, within a period of 1 (one) month from the date of receipt of a certified copy of this order. Till then, no coercive action should be taken against the petitioner.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010049632023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1388/2023o BARKANAoBEELoFISHERYoSSoLTDo BANIAKUCHI,oREP.oBYoITSoSECRETARYoSRIoKANAKoCHANDRAoDAS,oAGEo 67oYEARS,oS/O-oLT.oBAPURAMoDAS,oR/O-oBANIAKUCHIo(LACHIMA),oP.O.o ANDoP.S.oSARTHEBARI,oDIST.-oBARPETA,oASSAM VERSUSo ASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLTDoANDo3oORSo THROUGHoTHEoCHAIRMAN,oCHACHAL,oVIPoROAD,oGUWAHATI-36 2:THEoMANAGINGoDIRECTOR oASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLTD. oCHACHAL oVIPoROAD oGUWAHATI-36 3:THEoASSTT.oEXECUTIVEoENGINEER oLOWERoANDoCENTRALoASSAMoREGION oAFDCoLTD. oCHACHAL oVIPoROAD oGUWAHATI-36 4:THEoREGIONALoPROJECToENGINEER oCENTRALoASSAMoZONEoII oAFDCoLTD. oCHACHAL oVIPoROAD oGUWAHATI-3o AdvocateoforotheoPetitionerooooo:oMR.oRoALIo Page No.# 2/3 Advocate for the Respondent : SC, AFDC BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA