Dibru Part-I Meen Samabai Samiti Ltd. and Anr v. The State of Assam and 4 Ors

ORDER Date : 03-04-2023 Heard Mr. J.I. Borbhuiya, learned counsel for the writ petitioners, who submits that the impugned Order dated 28.03.2023 passed by the Secretary to the Government of Assam, Fishery Department, by which the date of hearing on the complaint lodged by the petitioners against the respondent No. 5 has been cancelled, should be set aside. He further prays that a fresh date should be fixed for hearing of the petitioners' complaint by the Secretary to the Government of Assam, Fishery Department.

¶2Mr. M.K. Choudhury, learned senior counsel appearing for the respondent No. 5 submits that the issue whether the respondent No. 5 lives in the Page No.# 3/4 neighbourhood of the Dibru Part-I Fishery Mahal is already subjudice in WP(C) No. 520/2022 and WP(C) No. 728/2022, which is fixed for admission hearing for disposal, immediately after the Bihu Festival. He accordingly submits that in view of the above, the writ petition should be dismissed.

¶3Mr. M. Sethia, learned counsel appearing for the respondent Nos. 1 to 4 also submits that the issue that is being raised by the petitioner herein would be decided at the time of disposal of WP(C) No. 520/2022 and WP(C) No. 728/2022 and as such, there is no requirement of having a hearing on the said issue.

¶4I have heard the learned counsels for the parties.

¶5On considering the fact that the petitioner herein has taken a stand in WP(C) No. 520/2022 that the respondent No. 5 is not in the neighbourhood of the Dibru Part-I Fishery Mahal and as such, could not have been settled with the Fishery, this Court is of the view that the complaints against the respondent No. 5, in any event, would be considered at the time of disposal of WP(C) No. 520/2022. Accordingly, the cancellation of the hearing, with regard to the above issue by the respondent No. 3, does not suffer from any infirmity, as the subject matter in issue is already subjudice before this Court in the above cases.

¶6As the above cases referred to in the foregoing paragraphs are to be disposed of after the Bihu Festival, the grievance of the petitioners would be decided by this Court at the time of disposal of those cases.

¶7Accordingly, this Court does not find any ground to interfere with the impugned Order dated 28.03.2023 passed by the respondent No. 3. Page No.# 4/4

¶8The writ petition is accordingly dismissed. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010071502023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1886/2023o DIBRUoPART-IoMEENoSAMABAIoSAMITIoLTD.oANDoANR.o AoREGISTEREDoFISHERYoCO-OPERATIVEoSOCIETYoSITUATEDoAToGUIJAN,o P.S.-TINSUKIA,oDIST-TINSUKIA,oANDoISoREPRESENTEDoBYoITSoSECRETARY SRIoANILoDAS,oS/OoLATEoKHETRAoMOHANoDAS,oOFoGUIJAN,oP.O.- RANGAGORAH,oP.S.-TINSUKIA,oDIST-TINSUKIA,oASSAM 2:oANILoDAS oS/OoLATEoKHETRAoMOHANoDAS oSECRETARYoOFoDIBRUoPART-IoMEENoSAMABAIoSAMITIoLTD oR/OoGUIJAN oP.O.-RANGAGORAH oP.S.-TINSUKIA oDIST-TINSUKIA oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o FISHERIESoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oFISHERIESoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFISHERIESoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoJOINToSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFISHERIESoDEPARTMENT oDISPUR Page No.# 2/4 GUWAHATI-6 KAMRUP (M) ASSAM 5:M/S DIBRU-DANGORI PART-I MEEN SAMABAY SAMITY LTD REPRESENTED BY ITS SECRETARY SRI BIKASH DAS S/O LATE SACHINDRA MOHAN DAS R/O DIGHALTARANG TINSUKIA 786151 DIST-TINSUKIA ASSA Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA