Dibru Part-I Meen Samabai Samiti Ltd. and Anr v. The State of Assam and 5 Ors

ORDER

01.05.2024

¶1Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. Mr. K. Gogoi, learned counsel appears for the respondent nos.1 to 5, while Ms. S. Deb, learned counsel appears for the respondent no.6. Page No.# 3/5

¶2In view of the order dated 01.05.2024 passed in I.A.(C) 1259/2024 "Bijay Mallah" is impleaded and allowed to substitute the expired Secretary of the Society i.e. writ petitioner no.2.

¶3Mr. Gogoi submits that in terms of the order No. eCF No.E-268956/262 dated 12.04.2024 issued by the Addl. Secretary to the Government of Assam, Fishery Department, all daily basis/temporary running of 60% Government Fisheries based on lump sum revenue will be operational up to 10.05.2024 only and thereafter, the same would be settled only through tender system.

¶4The order dated 12.04.2024 issued by the Commissioner and Secretary to the Government of Assam, Fishery Department is reproduced hereinbelow, as follows : "Perused : The order of the Hon'ble High Court dated 9.4.2024 in WP(C) No.1911/2024 (M/s Geramari GP MSS Ltd Vs State of Assam & Others).

Also perused: The letter dated 11.4.2024 from Shri Pranjal Sharmah, Senior Standing Counsel of the Department.

It appears from above that the system of running 60% Govt Fisheries on daily basis in the interim till next regular settlement has been reviewed by the Hon'ble High Court in the instant writ petition and was of the view that such arrangement are not commensurate with Rule 12 of Assam Fishery Rules, 1953( As amended).

Such arrangements often leads to litigation as rival parties also stake claim on such arrangement and as a result the matter of regular Page No.# 4/5 settlement get delayed till such matters are decided by the Hon'ble Court.

The Hon'ble Court is of the view said temporary arrangement not even backed by existing Rule results in loss of revenue to Govt Exchequer as well as precious time of the Hon'ble Court.

Under the circumstances, Govt after careful consideration of all materials in hand including observation/direction of the Hon'ble Court in instant writ petition has decided that all such daily basis/temporary running of 60% Govt Fisheries based on lump sum revenue will be operational up to 10.5.2024 only. Consequently, concerned District Commissioner will take over possession of such fisheries on 11.5.2024 and keep it as Khas till regular settlement through Tender system.

In the meantime, all concerned DCs will take steps for regular settlement of such 60% Govt Fisheries with issue of NIT with Annual lease, value assessed U/R 48 and process the proposal accordingly as per procedure. However, formal settlement order of such fisheries with due approval of Govt of Assam, Fishery Department as empowered U/R 12 of Assam Fishery Rules, 1953 will be issued with prior permission/approval of competent authority.

It is further clarified that there will be no daily basis running of any 60% category of Government fisheries after 11.05.2024 and consequently, no Govt fishery of 60% category can be settled without tender except as per Rule 12 of Assam Fishery Rules, 1953.

It is further ordered that in case of existing 60% category of Government fisheries which were already settled through tender process and is, on the verge of completing 7 years tenure, fresh tender to be initiated 6 (Six) six months prior to completion of lease period of such fisheries and to complete the settlement process well ahead of expiry of existing lease period.

Necessary executive instruction to this effect will be issued in this regard to all the District Commissioners separately for strict compliance so Page No.# 5/5 that there is no loss of Government Revenue for delay in settling the 60% category Government fisheries.

This order is issued as per direction/order of the Hon'ble High Court in the instant Writ Petition vide para-16 and is in supersession of all other orders passed in connection with running of 60% Govt. fisheries on daily basis fishery in respect of all concerned districts and concerned District Commissioners will ensure that possession of such fisheries are taken over on 11/05/2024 and report compliance to Govt. immediately thereafter so that a compliance report can be submitted before the Hon'ble High Court on the next listed date 1.e., 13/05/2024."

¶5In view of the order dated 12.04.2024, the present writ petition has become infructuous, as nothing is left to be adjudicated any further.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010152022023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3972/2023o DIBRUoPART-IoMEENoSAMABAIoSAMITIoLTD.oANDoANR.o AoREGISTEREDoFISHERYoCO-OPERATIVEoSOCIETYoSITUATEDoAToGUIJAN,o P.S.-oTINSUKIA,oDIST.-oTINSUKIA,oANDoISoREP.oBYoITSoSECRETARYoSRIo ANILoDAS,oS/OoLATEoKHETRAoMOHANoDAS,oOFoGUIJAN,oP.O.-o RANGAGORAH,oP.S.-oTINSUKIA,oDIST.-oTINSUKIA,oDIST.-oTINSUKIA,o ASSAM. 2:oANILoDAS oS/OoLATEoKHETRAoMOHANoDAS oSECRETARYoOFoDIBRUoPART-oIoMEENoSAMABAIoSAMITIoLTD oR/OoGUIJAN oP.O.-oRANGAGORAH oP.S.-oTINSUKIA oDIST.-oTINSUKIA oDIST.-oTINSUKIA oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oFISHERIES DEPTT.,oDISPUR,oGUWAHATI-o6. 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFISHERIESoDEPTT. oDISPUR oGUWAHATI-o6. 3:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFISHERIESoDEPTT. oDISPUR oGUWAHATI-o6. Page No.# 2/5 4:THE JOINT SECRETARY TO THE GOVT. OF ASSAM FISHERIES DEPTT. DISPUR GUWAHATI- 6 KAMRUP (M) ASSAM. 5:THE DEPUTY COMMISSIONER DIBRUGARH ASSAM. 6:M/S SAIKHOWA SADIYA MEEN SAMABAY SAMITY LTD A REGISTERED CO-OPERATIVE SOCIETY HAVING ITS REGISTERED OFFICE AT HATIGHULI DHOLLA DIST.- TINSUKIA ASSAM REP. BY ITS SECRETARY NAMELY SRI MAINA BISWAS VILL.- HATIGHULI P.O.- SAIKHOWAGHAT P.S.- DHOLLA DIST.- TINSUKIA ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA