Rowmari Phukan Fadia Self Helf Group v. The State of Assam and 8 Ors B

ORDER Date : 15.05.2024 ( Vijay Bishnoi, CJ

)

This writ appeal has been filed by the appellant being aggrieved with the order dated 20.02.2024, passed by the learned Single Judge in WP(C)/2764/2022, whereby, the writ petition filed on behalf of the respondents no. 8 & 9 has been allowed and that the learned Single Judge has set aside the order dated 10.09.2020, whereby, the extension was granted to the appellant for running the fishery in question and the order dated 06.02.2021, issued by the Joint Secretary, Government of Assam, Fishery Department by which the lease of the fishery has been extended for 3(three) years, has been set aside.

The learned Single Judge, having gone through the materials available on record and also going through the facts and circumstances of the case has held that the co-ordinate Bench of this Court in Jewti NGO Vs State of Assam reported in 2017 SCC Online Gau 643 has given a specific direction for taking a fresh decision on the question of granting permanent settlement of the fishery in question, however, the authorities concerned without taking any fresh decision on the question of grant of permanent settlement of the concerned Page No.# 4/4 fishery has illegally settled the fishery in favor of the appellant vide order dated

30.11.2017 and has further, illegally extended the said lease for a period of 3(three) years on 10.09.2020.

The learned Single Judge had also observed that the further order dated

06.02.2021, issued by the Joint Secretary, Government of Assam, Fishery Department, whereby, the lease of the fishery has been extended for a period of 3(three) years in favor of the appellant, is also illegal.

Having heard the learned counsel for the appellant and after going through the judgment passed by the learned Single Judge in the case of Jewti NGO (supra), we are of the considered view that the learned Single Judge has not committed any illegality in observing that the directions given by the learned Single Judge in the case of Jewty NGO (supra), which has attained finality, has not been complied with by the respondents while settling the fishery in question in favor of the appellant.

Hence, we do not find any merit in the present appeal and the same accordingly, stand dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/4 GAHC010059662024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/134/2024o ROWMARIoPHUKANoFADIAoSELFoHELFoGROUPo REPRESENTEDoBYoITSoSECRETARY,oRAJIBoHAZARIKA,oAGEDoABOUTo39o YEARS,oSONoOFoNILAoHAZARIKA,oRESIDENToOFoVILLAGEoSANTIPUR,o SIVASAGARo785671oASSAM,oHAVINGoITSoOFICEoAToVILLAGEoNATUNo GATANGAoANDoROWMARIoPHUKANoFADIAoGAON,oPOoSANTIPUR,oPSoANDo DISToDIST.oSIVASAGAR,oASSAMo785667 VERSUSo THEoSTATEoOFoASSAMoANDo8oORSoBo REP.oBYoTHEoCOMM.oANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oFISHERY DEPTT.,oHAVINGoITSoOFFICEoAToDISPUR,oGUWAHATI-781006,oDIST.o KAMRUPo(M),oASSAM. 2:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFISHERYoDEPTT. oHAVINGoITSoOFFICEoAToDISPUR oGUWAHATI-781006 oDIST.oKAMRUPo(M) oASSAM. 3:THEoJOINToSECRETARY oTOoTHEoGOVT.oOFoASSAM oFISHERYoDEPTT. oHAVINGoITSoOFFICEoAToDISPUR oGUWAHATI-781006 oDIST.oKAMRUPo(M) oASSAM. 4:THEoDEPUTYoSECRETARY oTOoTHEoGOVT.oOFoASSAM PageoNo.#o2/4 oFISHERYoDEPTT. oHAVINGoITSoOFFICEoAToDISPUR oGUWAHATI-781006 oDIST.oKAMRUPo(M) oASSAM. 5:THEoDY.oCOMMISSIONER oSIVASAGAR oHAVINGoITSoOFFICEoAToSIVASAGARoTOWN oDIST.oSIVASAGAR oASSAM. 6:THEoADDL.oDEPUTYoCOMMISSIONER oREVENUEoFISHERYoBRANCH oSIVASAGAR oHAVINGoITSoOFFICEoAToSIVASAGARoTOWN oDIST.oSIVASAGAR oASSAM. 7:THEoCIRCLEoOFFICER oSIVASAGARoREVENUEoCIRCLE oSIVASAGAR oHAVINGoHISoOFFICEoAToSIVASAGARoTOWN oDIST.oSIVASAGAR oASSAM. 8:TRIMURTIoANUSUSHITAoJATIoSIKHITAoNIBONUWAoSELFoHELPoGROUP oBEARINGoREGISTRATIONoNO.GDB/DHK/67oANDoHAVINGoITSoREGD.o OFFICEoAToVILL.oTELIADUNGA oPUKHURIPAR oP.O.oBHARALUWAoTINALUI oP.S.oGAURISAGAR oDIST.oSIVASAGAR oASSAM oPIN-785664oANDoREP.oBYoITSoSECRETARYoSHRIoDILIPoHAZARIKA. 9:DILIPoHAZARIKA oS/O.oLT.oJHURAMoHAZARIKA oSECRETARYoOFoTRIMURTIoANUSUSHITAoJATIoSIKHITAoNIBONUWAoSELFo HELPoGROUP oVILL.oTELIADUNGAoPUKURIPAR oP.O.oBHARLUAoTINALI oP.S.oGAURISAGAR oDIST.oSIVASAGAR oASSAM Page No.# 3/4 PIN-785664 Advocate for the Petitioner : MR S KHOUND Advocate for the Respondent : BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR