M/S Dibru Dangiri River Part-I Meen Samabay Samity Ltd v. The State of Assam and 4 Ors

PageoNo.#o1/4 GAHC010294412023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/28/2024o M/SoDIBRUoDANGIRIoRIVERoPART-IoMEENoSAMABAYoSAMITYoLTD.o REPRESENTEDoBYoITSoPRESIDENT,oSRIoSUDHANGSHUoDAS,oVILLAGE-o DIGHALTARANG,oP.O.oDIGHALTARANG,oP.S.oBAGHJAN,oDISTRICT-o TINSUKIA,oASSAM,oPIN-o786170 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oFISHERYoDEPARTMENT,oDISPUR,oGUWAHATI-o781006 2:THEoREGISTERoOFoCO-OPERATIVEoSOCIETY oASSAM oKHANAPARAoGUWAHATI oDISTRICT-oKAMRUPo(M) oGUWAHATI-o781022 3:THEoDISTRICToCOMMISSIONER oTINSUKIA oDISTRICT-oTINSUKIA oASSAMoPIN-o786192 4:THEoADDITIONALoDISTRICToCOMMISSIONER oTINSUKIA oI/Co-oSADIYAoSUB-DIVISION oDISTRICT-oTINSUKIA oASSAMoPIN-o786192 5:THEoDISTRICToFISHERYoDEVELOPMENToOFFICER oTINSUKIA oASSAM oPIN-o78619o Page No.# 2/4 Advocate for the Petitioner : MR. U DUTTA Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/6854/2023 DIBRU DANGARI RIVER PART-I MEEN SAMABAY SAMITY LIMITED POST OFFICE-DIGHALTARANG DISTRICT-TINSUKIA ASSAM REPRESENTED BY ITS CHAIRMAN SRI RANJIT DAS AGED ABOUT-54 YEARS SON OF LATE KAMINI DAS RESIDENT OF VILLAGE-DIGHALTARANG POST OFFICE-DIGHALTARANG POLICE STATION-BAGHJAN DISTRICT-TINSUKIA ASSAM PIN-786151 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-781006 2:THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22 3:THE DEPUTY COMMISSIONER TINSUKIA 4:THE ADDITIONAL DISTRICT COMMISSIONER SADIYA SUB-DIVISION CHAPAKHOWA 5:THE DISTRICT FISHERIES DEVELOPMENT OFFICER TINSUKIA 6:DIBRU SAIKHOWA MEEN SAMABAY SAMITY LIMITED GUIJAN POST OFFICE-RANGAGORAH DISTRICT-TINSUKIA REPRESENTED BY ITS SECRETARY ------------ Page No.# 3/4

For the appellant/writ Petitioner : Mr. B.C. Das, Senior Advocate Assisted by Mr. U. Dutta, Advocate for the appellant. Mr. S. Banik, Advocate for the writ petitioner

For the respondents : Mr. N. Das, Govt. Advocate, Assam Mr. V. Rajkhowa, S.C., Cooperation Department Mr. M.K. Hussain, Advocate for the respondent No.6 in the writ petition

– B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE SUMAN SHYAM 01-05-2024 (Vijay Bishnoi, C.J.) This intra-Court writ appeal is filed by the appellant being aggrieved with the order dated 15.12.2023 passed by the learned Single Judge in WP(C) 7298/2023. The learned Single Judge has dismissed the said writ petition with a cost of Rs.25,000/- while observing that for the same cause of action, which is the subject matter of adjudication in WP(C) 7298/2023, the petitioner Samity has already filed WP(C) 6854/2023 and the same is pending consideration. However, without disclosing about the pendency of the earlier writ petition, fresh writ petition is filed by the Samity and, therefore, it is the abuse of the process of the Court. While observing this, the learned Single Judge has dismissed WP(C) 7298/2023 with a Page No.# 4/4 cost of Rs.25,000/- with a direction to pay the same in the name of Gauhati High Court Bar Association Welfare Fund. Mr. B.C. Das, learned senior counsel for the appellant submits that as a matter of fact, the appellant has preferred WP(C) 7298/2023 bona fide without knowing that the earlier writ petition, i.e. WP(C) 6854/2023 on the same subject matter was already filed in the name of the Samity and the same is pending consideration. It is contended that the appellant Samity has no intention to mislead the Court and the act of the Samity is bona fide. The learned senior counsel on instruction submits that the appellant now wants to withdraw the present appeal as well as WP(C) 7298/2023. Learned counsel appearing for the respondents have opposed the request made by the learned senior counsel for the appellant. Having heard the learned counsel appearing for the parties and after taking into consideration the submissions made by the learned senior counsel for the appellant, we allow the appellant to withdraw WP(C) 7298/2023 and the same is accordingly dismissed as withdrawn. The order dated 15.12.2023 passed by the learned Single Judge in WP(C) 7298/2023 is modified accordingly. Simultaneously WA 28/2024 is also dismissed as withdrawn. The cost imposed by the learned Single Judge vide order dated 15.12.2023 is made easy. List WP(C) 6854/2023 before the appropriate Court.

JUDGE CHIEF JUSTICE Comparing Assistant