Sukumar Sarkar v. The State of Assam and 3 Ors

ORDER

07.02.2024

¶1Heard Mr. M.K. Hussain, learned counsel for the petitioner. Also heard Mr. R. Chetri, learned counsel for the respondent nos.1 & 2 and Mr. M. Chetia, learned counsel for the respondent nos.3 & 4.

¶2The petitioner's case is that he was settled with the Garalu Meen Mahal under Morigaon District for 7 years w.e.f. 01.04.2022 to 31.03.2029, pursuant to NIT dated 03.06.2022. The petitioner made various representations to the authorities claiming that there were encroachments in the said Meen Mahal, for which he was not able to operate the fishery properly. Further, the respondents were requested to demarcate the Garalu Meen Mahal which has not been done till date. He accordingly prays for a direction to be issued to the respondent nos.3 & 4 to demarcate the Garalu Meen Mahal and evict any encroachers residing within the said area.

¶3The learned counsels for the respondents submit that they do not have Page No.# 3/3 any objection with regard to demarcation of the Garalu Meen Mahal. However, the question of encroachment will have to be examined and a decision taken separately by the authority concerned.

¶4On considering the prayer made by the petitioner and keeping in view the submission made by the counsels for the respondents, the respondent nos.3 & 4 are directed to demarcate Garalu Meen Mahal under Morigaon District within a period of 2 (two) months, from the date of receipt of a certified copy of this order. The respondent nos.3 & 4 shall also look into the issue of encroachment in the demarcated Garalu Meen Mahal and take appropriate decisions thereafter.

¶5The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010286032023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7347/2023o SUKUMARoSARKARo S/OoKANDHULALoSARKARo VILL-oNO.o1oBORPATHARoP.O.oTAPTOLAo P.S.oBHURAGAON,o DIST.oMORIGAON,oASSAMo PIN-782121 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oFISHERYo DEPARTMENT,oDISPUR,oGUWAHATI-781006. 2:THEoMANAGINGoDIRECTOR oASSAMoFISHERIESoDEVELOPMENToCORPORATIONoLTD.oCHACHAL oVIPoROAD o GUWAHATI oPIN-781036 3:THEoDISTRICToCOMMISSIONER oMORIGAON oP.O.oANDoP.S.oMORIGAON oDIST.oMORIGAON oASSAM oPIN-782105 4:THEoCIRCLEoOFFICER oBHURAGAONoREVENUEoCIRCLE Page No.# 2/3 P.O. AND P.S. BHURAGAON DIST. MORIGAON ASSAM PIN-78212 Advocate for the Petitioner : MR. M K HUSSAIN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA