Surjyamukhi Min Palan Samitee v. The State of Assam and 2 Ors

ORDER

09.02.2024

¶1Heard Mr. N.K. Kalita, learned counsel for the petitioner. Also heard Mr. P. Sarmah, learned counsel appearing for the Fisheries Department and Mr. M. Chetia, learned counsel appearing for the respondent No.3.

¶2The petitioner's case is that pursuant to a Notice Inviting Tender dated

10.05.2022 issued by the Deputy Commissioner, Sivasagar, for settlement of Darika Part-II Min Mahal for a period of 7 years, the petitioner submitted his tender. On opening the bids of the tenderers, it was found that the petitoiner's bid was the highest. Though the petitioner's bid was the highest, the respondent authorities have not settled the Min Mahal with the petitioner till date.

¶3The counsels for the respondents have submitted letter No. FISH 106/2014/327(eCF No. 67550) dated 22.08.2022 issued by the Commissioner & Secretary to the Government of Assam, Fishery Department, which states that the Fishery has been settled with the petitioner and that the Deputy Commissioner, Sivasagar is to take follow up action for bringing the settlement order to its logical conclusion, by handing over possession of the fishery to the valid settlement holder in terms of the Government Order dated 16.07.2022 and the observations of this Court, without prejudice to the present writ petition and the Title Suit before the Munsiff No.1, Sivasagar. The above letter dated

22.08.2022 is made a part of the record and marked as 'Annexure –X'.

¶4In light of the above letter dated 22.08.2022, the present writ petition has Page No.# 3/3 become infructuous. In the event there is no stay order issued by the Court of learned Munsiff No.1, Sivasagar in Title Suit No.46/2022, the possession of the fishery should be handed over to the petitioner. The same would however be subject to the final decision to be taken by the Court of learned Munsiff No.1, Sivasagar in Title Suit No.46/2022.

¶5The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010132562022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4497/2022o SURJYAMUKHIoMINoPALANoSAMITEEo HAVINGoITSoREGD.oOFFICEoAToVILL.oCHAROGUA,oP.O.oSIVASAGAR,oDIST.o SIVASAGAR,oASSAMoREP.oBYoITSoSECRETARYoSRIoBUBULoDAS,oS/O.oLT.o GOLAPoDAS,oR/O.oCHAROGUA,oSIVASAGAR,oDIST.oSIVASAGAR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFoFISHERIESo DISPUR,oGUWAHATI-781006. 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoFISHERIES oDISPUR oGUWAHATI-781006. 3:THEoDEPUTYoCOMMISSIONER oSIVASAGAR oPIN-785640o AdvocateoforotheoPetitionerooooo:oMR.oNoKoKALITAo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA