No. 151/152 Karmari Nandini Meen Samanbai Samity Limited v. The State of Assam and 6 Ors

ORDER Date : 31.07.2024

Heard Mr. K. N. Choudury, learned Senior counsel for the petitioner, who submits that the petitioner was settled with the No. 5 Sonai Nadi Part-III Meen Mahal of Morigaon District, for a period of seven years, vide order dated

22.09.2017. The possession of the fishery was handed over to the petitioner on

04.10.2017 and as such, the settlement period would expire only on 03.10.2017.

¶2The petitioner's case is that there was illegal encroachment of the fishery, besides the area of the fishery being eroded by flood water. As the petitioner was unable to pay revenue to the Government, the petitioner has submitted a representation dated 21.08.2023 to the Commissioner & Secretary to the Government of Assam, Fishery Department, requesting re-assessment and remission of the revenue in respect of the said fishery, after making an enquiry.

¶3The petitioner thereafter made a representation on 24.04.2024, surrendering the fishery to the Government, as he had not been able to run the fishery. Pursuant to the representation dated 24.04.2024 submitted by the petitioner, the Addl. Chief Secretary to the Government of Assam, Fishery Department wrote a letter to the District Commissioner, Morigaon, asking him to cause an enquiry on the claim of the lessee and submit a comprehensive report Page No.# 3/5 for follow up action as follows:- "1. Ascertain the existing area of the fishery if the grounds cited of siltation /erosion due to flood /erosion etc. is genuine.

¶2Redefine the boundary of the fishery, if the claim of erosion/siltation as stated in Para 1 are genuine and submit proposal to Govt for issue of Notification.

3.. Consequently re-assess the revenue of the fishery U/R 48 through DFDO, Morigaon with Revenue officials of concerned Revenue Circle duly approved by you or concerned ADC authorized by you. 4. "Submit report on Revenue so far deposited by the lessee society as per lease value and outstanding revenue due up to date of surrender of the fishery.

¶5If possession of the fishery has not been taken over on surrender till now,, then Immediate steps to be taken for taking it over and keep it khas till fresh settlement after completion of required formalities Copy of representation dated 24.4.2024 with enclosures is enclosed herewith for ready reference."

¶4The petitioner's counsel further submits that though the petitioner had made an application for surrender of the fishery, vide application dated

24.04.2024 and requested the Fishery Department to float a fresh tender, the application for surrender of the petitioner fishery has been withdrawn, vide letter dated 15.07.2024. Vide the said letter dated 15.07.2024, the petitioner has also asked the respondents to extend the period of lease, which has not been decided by the respondents till date.

¶5The petitioner's counsel submits that the District Fishery Development Officer reassessed the revenue payment @ Rs.6,02,211/- per year on Page No.# 4/5

21.06.2024. He submits that as the petitioner society does not have any source to pay the outstanding dues of the respondents, the settlement period may be extended by the respondents, to enable the petitioner to pay the revenue required to be paid to the respondents. He accordingly submits that the respondents should take a decision with regard to the prayer of the petitioner for extension of the settlement period of the fishery.

¶6Mr. K. N. Choudhury, learned Senior Counsel submits that the present writ petition can be disposed of, if a direction is issued to the Addl. Chief Secretary to the Government of Assam, Fishery Department, to take a decision on the petitioner's representations dated 21.08.2023, 24.04.2024 and 15.07.2024.

¶7Ms. U. Das, learned counsel for the respondent Nos. 5 & 6 and Mr. P. Sarmah, learned counsel for the respondents Nos. 1 to 4 submit that they have got no objection to the petitioner's counsel's prayer.

¶8In view of the consent of the parties, this writ petition is disposed of, with a direction to the Addl. Chief Secretary to the Government of Assam, Fishery Department to take a decision on the petitioner's representations dated

21.08.2023, 24.04.2024 and 15.07.2024, within a period of two weeks from the date of receipt of a certified copy of this order along with a copy of the writ petition. A copy of the petitioner's representation dated 24.04.2024, which is not annexed to the writ petition, should also be given to the Addl. Chief Secretary to the Government of Assam, Fishery Department along with the writ petition. Till a decision is taken by the Addl. Chief Secretary to the Government of Assam, Fishery Department, the respondents should not issue any fresh tender notice in respect of the said fishery. The above directions are made subject to the Page No.# 5/5 condition that a certified copy of this order along with the writ petition and a copy of the representation dated 24.04.2024 is furnished to the Addl. Chief Secretary to the Government of Assam, Fishery Department, within a period of seven days from today.

¶9This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010152232024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3811/2024o NO.o151/152oKARMARIoNANDINIoMEENoSAMANBAIoSAMITYoLIMITEDo VILL.-CHOTOGARJAN,oP.O.oKARATIPAM,oP.S.oMAYONG,oDIST.oMORIGAON,o ASSAM,oPIN-o782105,oREPRESENTEDoBYoITSoSECRETARY,oSHRIoPRADIPo SARKAR,oS/O-oSHRIoMANIRAMoSARKAR. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oFISHERYoDEPARTMENT,oDISPUR,oGHY-781006. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFISHERYoDEPARTMENT oDISPURoGHY-781006. 3:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFISHERYoDEPARTMENT oDISPURoGHY-781006. 4:THEoADDITIONALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFISHERYoDEPARTMENT oDISPURoGHY-781006. 5:THEoDISTRICToCOMMISSIONER oMORIGAONoDISTRICT oMORIGAONoASSAM 6:THEoADDITIONALoDISTRICToCOMMISSIONERo(FISHERY) oMORIGAONoDISTRICT oMORIGAONoASSAM 7:THEoDISTRICToFISHERYoDEVELOPMENToOFFICER oMORIGAONoDISTRICT oMORIGAONoASSAo Page No.# 2/5 Advocate for the Petitioner : MR. K N CHOUDHURY, MS K DAS,MISS. R R KAKATI Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA