Garjan Bullatjan Matchajibi Minpalan Samabay Samity Limited v. The State of Assam and 4 Ors

ORDER Date : 07.09.2023 Heard Mr. S.K. Goswami, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned standing counsel for the respondent nos.2 to 5.

¶2This review petition has been preferred in respect of the order dated

02.08.2023, passed in WP(C) 6742/2022.

¶3The learned counsel for the petitioner has submitted that in paragraph 8, reference is made to "fisheries are removed". In the said regard, it has been submitted that it is the "fishes" which are to be removed and not the "fishery". It is also submitted that the petitioner was carrying out fishery in Tank Page No.# 4/5 Nos.1, 2 and 3 of the Garjan Bullatjan fishery and therefore, the reference to the same may be added in paragraph 9 of the order.

¶4Per contra, the learned standing counsel for the respondent nos.2 to 5 has submitted that against the order dated 02.08.2023, passed in WP(C) 6742/2022, the respondents have already preferred an appeal and accordingly, it is submitted that the time limit for removal of the fishes may not be granted as the respondents do not intend to grant any permission to the petitioner to remove the fishes.

¶5As regards to the submission made by the learned standing counsel for the respondent nos.2 to 5, the Court is of the opinion that it is for the said respondents to take a call as to whether they would comply with the directions contained in paragraph 8 and 9 of the order dated 02.08.2023, passed in WP(C) 6742/2022.

¶6Nonetheless, in this petition, the review of the order has been sought for to incorporate certain words, which appears to be clarificatory in nature and would not change the nature of the order. Therefore, the filing of an appeal against the order under review would not come in the way for this Court to exercise review jurisdiction. Moreover, the learned counsel for the review petitioner has submitted that till date a copy of the appeal memo has not been served on him as a caveator. The petitioner is only seeking clarification in the order so as to remove the fishes from Tank Nos.1, 2 and 3 of the said fishery, which appears to be in consonance with the stand taken in the writ petition. Accordingly, the word "fisheries" appearing in 2nd line of paragraph 8 is substituted by the word "fishes". Similarly, in paragraph 9, reference to Tank Nos.1, 2 and 3 is also included.

¶7The substituted paragraph 8 and 9 of order dated 02.08.2023, Page No.# 5/5 passed in WP(C) 6742/2022 shall now be read as follows: "8. Under no circumstances, the fishes can be equated to an immovable property and it cannot be accepted that if fishes are removed it would amount to allowing the petitioner to realize the investment made. There is nothing on record in the two files produce by the learned counsel for the petitioner that any fish count was made before handing over the fishery to the petitioner so as to keep the stock of fishes which are actually handed over to the petitioner. If the petitioner is in possession of the fishery in question since the year 2020, it cannot be said that the fishes belong to any third party or would belong to the respondent authorities.

¶9Accordingly, the Court is constrained to allow the oral prayer made by the learned counsel for the petitioner, who has made a prayer to allow him to leave the fishery with the fishes containing in Tank Nos.1, 2 and 3 of the Garjan Bullatjan fishery. Accordingly, the Court is inclined to provide that on a production of the certified copy of this order before the Managing Director, AFDC, the said authority shall provide the petitioner an outer period of ten days from the date from which the permission is granted by the Managing Director, AFDC to the petitioner to remove the fishes from Tank Nos.1, 2 and 3 of the fishery in question."

¶8This order shall be read together with order dated 02.08.2023, passed in WP(C) 6742/2022.

¶9Accordingly, this review petition stands allowed to the extent as indicated above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010188302023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./106/2023o GARJANoBULLATJANoMATCHAJIBIoMINPALANoSAMABAYoSAMITYo LIMITEDo REP.oBYoITSoPRESIDENToSRIoSANJAYoKR.oDAS,oAGEDoABOUTo37oYEARS,o HAVINGoITSoREGISTEREDoOFFICEoAToVILL.-oSATDOLA,oP.O.oANDoP.S.oHAJO,o DIST.-oKAMRUP,oASSAM,oPIN-o781102. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o FISHERYoDEPTT.,oDISPUR,oGHY,oPIN-o781006,oKAMRUPo(M)oDISTRICT,o ASSAM. 2:ASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLIMITED oVIPoROAD oCHACHAL oGUWAHATI oPIN-o781036oKAMRUPo(M)oDISTRICT oASSAM oREP.oBYoITSoMANAGINGoDIRECTOR. 3:THEoCHAIRMAN oASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLTD. oVIPoROAD oCHACHAL oGUWAHATI oPIN-o781036oKAMRUPo(M)oDISTRICT oASSAM. 4:THEoMANAGINGoDIRECTOR oASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLTD. oVIPoROAD oCHACHAL oGUWAHATI Page No.# 2/5 PIN- 781036 KAMRUP (M) DISTRICT ASSAM. 5:THE PROJECT MANAGER ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. VIP ROAD CHACHAL GUWAHATI PIN- 781036 KAMRUP (M) DISTRICT ASSAM Advocate for the Petitioner : MR. S K GOSWAMI Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/6742/2022 GARJAN BULLATJAN MATCHAJIBI MINPALAN SAMABAY SAMITY LIMITED REP. BY ITS PRESIDENT SRI SANJAY KR. DAS AGED ABOUT 37 YEARS HAVING ITS REGD. OFFICE AT VILL- SATDOLA P.O. AND P.S. HAJO DIST.- KAMRUP ASSAM PIN- 781102 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR GHY PIN- 781006 KAMRUP (M) DISTRICT ASSAM 2:ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. VIP ROAD CHACHAL GHY PIN- 781036 KAMRUP (M) DISTRICT ASSAM REP. BY ITS MANAGING DIRECTOR Page No.# 3/5 3:THE CHAIRMAN ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. VIP ROAD CHACHAL GHY PIN- 781036 KAMRUP (M) DISTRICT ASSAM 4:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. VIP ROAD CHACHAL GHY PIN- 781036 KAMRUP (M) DISTRICT ASSAM 5:THE PROJECT MANAGER ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. VIP ROAD CHACHAL GHY PIN- 781036 KAMRUP (M) DISTRICT ASSAM ------------ Advocate for : MR. S K GOSWAMI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA