No. 5 Sonai Nadi Part-Iii Fishery Cooperative Society Limited v. The State of Assam and 9 Ors

ORDER

03.10.2024

¶1Heard Mr. M.K. Hussain, learned counsel for the petitioner, who submits that the respondent no.3 floated NIT dated 04.11.2022 for settlement of Lali Meen Mahal in Morigaon District for 7 years from 2022-2023 to 2028-2029. The petitioner having been selected for settlement of the fishery, an agreement was executed to that effect on 04.01.2023, after observing all required formalities.

¶2The petitioner's grievance is that despite the contract agreement having been executed between the parties, the demarcation of the said fishery has not been done till date. He also submits that the representation made by the petitioner on 30.01.2023 to the respondent no.3, for demarcation of the fishery, has not been acted upon till date.

¶3The petitioner's counsel submits that a detailed representation dated

15.03.2024 was submitted to the respondent no.3, stating that the petitioner Page No.# 4/4 was unable to carry out fishing in the absence of proper demarcation and the actual handing over of the possession of the fishery. The respondent no.3 thereafter issued the impugned letter dated 18.09.2024 asking the petitioner to deposit Rs.19,10,405/- within a period of 10 days. The petitioner's counsel submits that the petitioner has already deposited an amount of Rs.9,43,000/-. He submits that the issue of deposit of Rs.19,10,405/- pursuant to the impugned letter dated 18.09.2024 should not be insisted upon by the respondents, till a decision is taken on the petitioner's representation dated

15.03.2024 by the respondent no.3.

¶4Mr. P. Sharma, learned counsel for the AFDC submits that he has got no objection to the prayer of the petitioner for a direction to be issued to the respondent no.3, to decide the petitioner's representation dated 15.03.2024, provided the same has not been decided earlier.

¶5In view of the consent of the parties, this writ petition is disposed of with a direction to the respondent no.3, to take a decision on the petitioner's representation dated 15.03.2024 within a period of 1 (one) month from today. Till a decision is taken by the respondent no.3, the impugned letter dated

18.09.2024 issued by the respondent no.3 should not be acted upon. In the event the petitioner's representation dated 15.03.2024 has already been decided by the respondent no.3, the decision taken should be communicated to the petitioner.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010210972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5208/2024o NO.o5oSONAIoNADIoPART-IIIoFISHERYoCOOPERATIVEoSOCIETYoLIMITEDo HAVINGoOFFICEoAToBORDUBATUPoGAON,o P.OoANDoP.S-oBHURAGAON,oMORIGAON,oPIN-782121o o o REP.oBYoITSoPRESIDENToNAMELYoSANTOSHoBARMAN,oAGE-81oYRS,o S/O-oLATEoSURESHoCH.oBARMAN,o VILLAGE-oBORDUBATUPoGAON,oP.OoANDoP.S-o-BHURAGAON,oPIN-782121,o DIST-oMORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo9oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oFISHERYo DEPARTMENT,oJANATAoBHAWAN,oDISPUR-o781006,oDISTRICT-oKAMRUP(M), ASSAM. 2:THEoASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLIMITED oREPRESENTEDoBYoITSoCHAIRMAN oVIPoROAD oCHACHAL oKAMRUP(M) oASSAM oGUWAHATI-o781036. 3:THEoMANAGINGoDIRECTOR oASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLIMITED o oVIPoROAD oCHACHAL oGUWAHATI-o781036. PageoNo.#o2/4 4:THEoDISTRICToCOMMISSIONER o MORIGAON oASSAM oPIN-782105 5:THEoDISTRICToCOMMISSIONER oNAGAON oASSAM oPIN-782001 6:THEoADDL.oDISTRICTCOMMISSIONER o(FISHERY) oMORIGAON oASSAM oPIN-782105 7:THEoADDL.oDISTRICTCOMMISSIONER o(FISHERY) oNAGAON oASSAM oPIN-782001 8:THEoCIRCLEoOFFICER oBHURAGAONoREVENUEoCIRCLEo o P.OoANDoP.S-oBHURAGAON o DIST-oMORIGAON oASSAM oPIN-782121 9:THEoCIRCLEoOFFICER oLAHARIGHAToREVENUEoCIRCLEo o P.OoANDoP.S-oLAHARIGHAT o DIST-oMORIGAON oASSAM oPIN-782127 10:THEoCIRCLEoOFFICER oDHINGoREVENUEoCIRCLEo Page No.# 3/4 P.O AND P.S- DHING DIST- NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MR. M K HUSSAIN, MD A RAHMAN,MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : SC, FISHERY, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA