Trimurti Anusushita Jati Sikhita Nibonuwa Self Help Group and Anr v. The State of Assam and 6 Ors

ORDER

29.05.2024 Heard Mr. H. Buragohain, learned counsel for the petitioner. Also heard Mr. P. Sarmah, learned counsel appearing for the Fishery Department and Mr. R. Sensua, learned counsel appearing for the respondent Nos. 6 & 7.

¶2The petitioner has challenged the order dated 15.03.2024 bearing memo No. eCF No. E-285340/121 issued by the respondent No.3, by which the authorities have settled the Brahmaputra Part-II Fishery in the district of Sivasagar, in favour of the respondent Nos.6 & 7 on a daily basis @Rs.920/- per day, till regular settlement of the fishery is made through a tender process.

¶3The petitioner's counsel submits that this Court in it's order dated

20.02.2024 passed in WP(C) 2764/2022 had directed that the settlement of the Brahmaputra Part-II Fishery in Sivasagar District, should be made after issuance of a fresh NIT and the settlement of the said fishery on a daily basis with the respondent No.8 in WP(C) No.2764/2022 should not be made, till final settlement on the basis of an NIT was made by the State respondents.

¶4The petitioner's counsel submits that the order dated 20.02.2024 passed in WP(C) No.2764/2022 was put to challenge by the respondent No.8 vide W.A. No.134/2024. However, W.A. No.134/2024 was dismissed by the Division Bench of this Court vide order dated 15.05.2024. The petitioner's counsel submits that despite the direction passed by this Court, directing the State respondents to Page No.# 4/6 issue a fresh NIT and not to settle the fishery on a daily basis, till regular settlement was made through an NIT, the Addl. Secretary to the Government of Assam, Fishery Department, vide order dated 15.03.2024, had settled the fishery on a daily basis with the respondent Nos. 6 & 7 @Rs.920/- per day. He submits that the impugned order dated 15.03.2024 flies in the face of the orders passed by the Single Bench and the Division

Bench of this Court and as such, the same should be set aside.

¶5Mr. P. Sarmah, learned counsel for the Fishery Department submits that the order dated 15.03.2024, on the basis of which the respondent Nos. 6 & 7 have been allowed to operate the Brahmaputra Part-II Fishery in Sivasagar District, has been superseded vide order dated 12.04.2024 passed by the Commissioner & Secretary to the Government of Assam, Fishery Department, inasmuch as, no settlement of any 60% category government fishery will be allowed to run on a daily basis after 11.05.2024, in terms of the said order dated 12.04.2024. He accordingly submits that the respondent Nos. 6 & 7 cannot/could not run the fishery on a daily basis subsequent to the order dated

12.04.2024 .

¶6Mr. R. Sensua, learned counsel for the respondent Nos. 6 & 7 submits that the respondent Nos. 6 & 7 were running the fishery on a daily basis, on the strength of the order dated 15.03.2024 passed by the Addl. Secretary to the Government of Assam, Fishery Department. He however does not know if the respondent Nos. 6 & 7 are running the fishery any longer, subsequent to the order dated 12.04.2024 issued by the Fishery Department. Page No.# 5/6

¶7I have heard the learned counsels for the parties.

¶8The order dated 20.02.2024 passed in WP(C) 2764/2022 had categorically directed the Fishery Department to issue a fresh NIT for settlement of the said fishery and that the said fishery should not be settled on a daily basis with the respondent No.8, till final settlement of the fishery had been made pursuant to the NIT to be published by the Fishery Department. The said order has not been interfered with by the Division Bench of this Court in W.A. No.134/2024. Interestingly, the Addl. Secretary to the Government of Assam, Fishery Department had settled the fishery with the respondent Nos. 6 & 7 on a daily basis, despite this Court having directed that the settlement of the fishery on a daily basis should not be made with the respondent No.8 in WP(C) 2764/2022. The import of the direction passed by this Court in the order dated 20.02.2024 in WP(C) 2764/2022 was that the fishery should not be settled with any person on a daily basis. However, as the respondent No.8 had been running the fishery on a daily basis, it was categorically directed that the respondent No.8 should not be allowed to run the fishery on a daily basis. Prima facie, it appears that the Addl. Secretary to the Government of Assam, Fishery Department has been circumventing the order of this Court passed in WP(C) 2764/2022, which is not appreciated and would have to be acted upon sternly by this Court. However, in view of the order dated 12.04.2024 issued by the Commissioner & Secretary to the Government of Assam, Fishery Department, which has stated that none of the 60% category of government fishery will be allowed to run on a daily basis after 11.05.2024, this Court is overlooking the impugned order dated

15.03.2024, inasmuch as, the same has been superseded by the order dated

12.04.2024 issued by the Commissioner & Secretary to the Government of Page No.# 6/6 Assam, Fishery Department. The Fishery Department is directed to strictly comply with the order dated 20.02.2024 passed in WP(C) No.2764/2022 and the order dated 12.04.2024 issued by the Commissioner & Secretary to the Government of Assam, Fishery Department. The Fishery Department shall cause a spot verification to be made, with respect to whether the private respondents are still running the Brahmaputra Part-II Fishery in the district of Sivasagar and if the same is still being run on a daily basis, the respondents should put a stop to it immediately.

¶9The writ petition is accordingly disposed of.

¶10The order dated 12.04.2024 issued by the Commissioner & Secretary to the Government of Assam, Fishery Department is made a part of the record and marked as 'Annexure-X.'

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010076002024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2081/2024o TRIMURTIoANUSUSHITAoJATIoSIKHITAoNIBONUWAoSELFoHELPoGROUPoAND ANRo BEARINGoREGD.oNO-oGDB/DHK/67oANDoHAVINGoITSoREGDoOFFICEoATo VILLAGE-oTELIADUNGA,oPUKHURIPAR,oP.O-oBHARALUWAoTINALUI,o P.S-oGAURISAGAR,oDIST-oSIVASAGAR,oASSAM,oPIN-785664oANDoREP.oBYoITS SECRETARYoDILIPoHAZARIKA 2:oDILIPoHAZARIKA oS/O-oLATEoJHURAMoHAZARIKA o SECRETARYoOFo o TRIMURTIoANUSUSHITAoJATIoSIKHITAoNIBONUWAoSELFoHELPoGROUP o R/O-oVILLAGE-oTELIADUNGA oPUKHURIPAR o P.O-oBHARALUWAoTINALI oP.S-oGAURISAGAR oDIST-oSIVASAGAR oASSAM oPIN-78566o VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oFISHERYoDEPARTMENTo oDISPUR,oGUWAHATI-06,oKAMRUPo(M),oASSAM 2:THEoSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oFISHERYoDEPARTMENTo oDISPUR Page No.# 2/6 GUWAHATI-06. 3:THE ADDL. SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-06. 4:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-06. 5:THE DEPUTY COMMISSIONER SIVASAGAR ASSAM 6:DHRUBAJYOTI HAZARIKA S/O- AMRIT HAZARIKA R/O- VILLAGE NATUN GATANGA KAIBARTTA GAON P.O- SANTIPUR DIST- SIVASAGAR PIN-785667 7:M/S NATUN GATANGA DHRUBAJYOTI SHG REP. BY ITS SECRETARY SRI DHRUBAJYOTI HAZARIKA R/O- VILLAGE NATUN GATANGA KAIBARTTA GAON P.O- SANTIPUR DIST- SIVASAGAR PIN-78566 Advocate for the Petitioner : MR. H. BURAGOHAIN Advocate for the Respondent : GA, ASSAM Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA