Abdul Jalil v. The State of Assam and 22 Ors

ORDER Date : 04-04-2023 Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. P. Sharma, learned counsel for the respondent Nos. 2 & 3 and Mr. K. Gogoi, learned counsel for the respondent Nos. 1 & 5.

¶2The petitioner has prayed for extension of the settlement of the Fishery, for a further period of 3 (three) years w.e.f. 01.04.2023. The grievance of the petitioner is that he had been initially settled with the Kangtar Fishery in the year 2013, for a period of 7 (seven) years, which was to end on 31.03.2020. Although there was a tender for resettlement of the Fishery, for the period subsequent to 31.03.2020, no tenderers came forward for settlement of the Fishery due to Covid-19 pandemic.

¶3The petitioner thereafter made an application for extension of the settlement of the Fishery. By an Order dated 12.10.2020 issued by the respondent No. 3, the lease period of the Fishery was extended in favour of the petitioner up-to 31.03.2023. The extension period expired on 31.03.2023. The petitioner's prayer for extension of the lease period of the Fishery for another period of 3 (three) years is on the ground that he has not been able to run the Fishery, in view of some persons objecting to the petitioner running the Fishery and Title Suit No. 30/2021 being filed by 18 (eighteen) persons against the petitioner, with regard to the running of the Fishery by the petitioner.

¶4The petitioner's counsel submits that as the petitioner has suffered huge Page No.# 5/6 revenue loss, the prayer for extension of settlement of the Fishery, for another period of 3 (three) years w.e.f. 01.04.2023 should be allowed by the respondents. She further submits that though the petitioner has submitted a representation dated 20.01.2023 to the respondent No. 2, for extension of the lease for the Fishery, no decision has been taken by the respondent No. 2 till date.

¶5Mr. P. Sharma, learned counsel appearing for the respondent Nos. 2 & 3 submits that he has received instructions to the effect that a notice inviting tender, for settlement of the Fishery is going to be published in another 10 (ten) days' time and the petitioner can also participate in the tender process. He therefore submits that the writ petition should be dismissed, as no right of the petitioner has been violated.

¶6I have heard the learned counsels for the parties.

¶7As can be seen from the writ petition, the Kangtar Fishery had been initially settled with the petitioner, for a period of 7 (seven) years in the year 2013 till 31.03.2020. Thereafter, vide Order dated 12.10.2020, the lease period of the Fishery in favour of the petitioner was extended by another 3 (three) years till 31.03.2023. The extended lease period having expired, no legal or fundamental right of the petitioner has been violated as on date.

¶8The dispute between the petitioner and the persons who filed Title Suit No. 30/2021 is in the realm of private law, which will take it's own course. As no legal right of the petitioner has been violated, there is no ground for this Court to exercise it's discretion under Article 226 of the Constitution of India. Page No.# 6/6

¶9The writ petition is accordingly dismissed.

¶10However, the dismissal of the case will not be a bar for the respondent Nos. 2 & 3, to take a decision on the petitioner's application dated 20.01.2023, for extension of the lease on the Fishery.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010064162023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1931/2023o ABDULoJALILo S/OoNASIBoALI,oR/OoKANGTAR,oP.O.-JADHUTILLAoANDoDIST-KARIMGANJ,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo22oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM,oDEPARTMENToOFoFISHERY,oDISPUR,oGUWAHATI-6 2:THEoMANAGINGoDIRECTOR oASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLIMITED oV.I.P.oROAD oCHACHAL oGUWAHATI-36 3:THEoASSISTANToEXECUTIVEoENGINEER oAFDCoLTD. oBVR oVIPoROAD oRANGPUR oSILCHAR-9 4:THEoASSISTANToPROJECToMANAGER oKANGTARoBEEL oKARIMGANJ 5:THEoDEPUTYoCOMMISSIONER oKARIMGANJ oP.O.oANDoDIST-KARIMGANJ oASSAM PageoNo.#o2/6 6:ABDULoJALIL oS/OoLATEoABDULoBARI oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 7:ABDULoAZIZ oS/OoLATEoABDULoBARI oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 8:RAFIKoUDDIN oS/OoLATEoABDULoLATIF oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 9:SAFIKURoRAHMAN oS/OoLATEoABDULoLATIF oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 10:FAIZURoRAHMAN oS/OoLATEoROISoALI oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 11:RAZIAoBEGUM oW/OoFAIZURoRAHMAN oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 12:FATUoBIBI oW/OoASKIRoALI oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 13:AZIZURoRAHMAN oS/OoLATEoTOIYOBoALI oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 14:HARUNoAHMED oS/OoLATEoTOIYOBoALI oR/OoVILL-KHANGTERo(GHA) oP.O.-CHATALoANDoDIST-KARIMGANJo(ASSAM) 15:FAIYAJoALI oS/OoLATEoJAMIRoALI oR/OoVILL-KHANGTERo(GHA) Page No.# 3/6 P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM) 16:ABDUL HANNAN @ LALU MIA S/O LATE MOBARAK ALI R/O VILL-KHANGTER (GHA) P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM) 17:ABDUL GAFUR S/O LATE MOBARAK ALI R/O VILL-KHANGTER (GHA) P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM) 18:SIDDEK ALI S/O LATE MOBARAK ALI R/O VILL-KHANGTER (GHA) P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM) 19:ABU BAKKAR S/O SIDDEK ALI R/O VILL-KHANGTER (GHA) P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM) 20:ABDUL NOOR S/O LATE AKLIM ALI R/O VILL-KHANGTER (GHA) P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM) 21:ALPARI BIBI D/O LATE AKLIM ALI R/O VILL-KHANGTER (GHA) P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM) 22:HARUN AHMED S/O LATE SAL AHMED R/O VILL-KHANGTER (GHA) P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM) 23:SIRAJ UDDIN S/O LATE ABDUL BARI R/O VILL-KHANGTER (GHA) P.O.-CHATAL AND DIST-KARIMGANJ (ASSAM Advocate for the Petitioner : MS. S B CHOUDHURY Advocate for the Respondent : SC, AFDC Page No.# 4/6 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA