Gauhati High Court
Aquaculture Development ... vs The Assam Fisheries Development ... on 19 December, 2022
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GAHC010257372022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8169/2022
AQUACULTURE DEVELOPMENT ORGANIZATION FOR SC, ST AND
BACKWARD CLASSES, ASSAM
A REGISTERED NON GOVERNMENT ORGANIZATION, HAVING ITS HEAD
OFFICE AT R.G. BARUAH ROAD, GUWAHATI-781003, DIST. KAMRUP(M),
ASSAM
VERSUS
THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED AND 4
ORS.
BEING REPRESENTED BY ITS MANAGING DIRECTOR, BIMALA PRASAD
CHALIHA ROAD, CHACHAL, VIP ROAD, GUWAHATI-781036, KAMRUP
(METRO) DISTRICT, ASSAM
2:THE CHAIRMAN
ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
BIMALA PRASAD CHALIHA ROAD
CHACHAL
VIP ROAD
GUWAHATI-781036
KAMRUP (METRO) DISTRICT
ASSAM
3:THE MANAGING DIRECTOR
ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
BIMALA PRASAD CHALIHA ROAD
CHACHAL
VIP ROAD
GUWAHATI-781036
KAMRUP (METRO) DISTRICT
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ASSAM
4:THE PROJECT MANAGER
MIDDLE ASSAM REGION
ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
CHARAN BEEL
MORIGAON DISTRICT
ASSAM
PIN- 782105.
5:THE ASSTT. BEEL MANAGER
MIDDLE ASSAM REGION
HEAD QUARTER CHARAN BEEL
DIST. MORIGAON
ASSAM
PIN- 782105
Advocate for the Petitioner : MR. M CHOUDHURY
Advocate for the Respondent : SC, AFDC
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 19-12-2022
Heard Mr. M.K. Choudhury, learned Sr. counsel assisted by Mr. S. Khound, learned
counsel for the writ petitioner. Also heard Mr. P. Sharmah, learned standing counsel, AFDC
appearing on behalf of the official respondents.
The challenge in this writ petition is to the orders dated 15-12-2021 as well as 06-
12-2022 by means of which, the allotment of the fishery made in favour of the petitioner
way-back in the year 2017 has been cancelled.
Mr. Choudhury submits that the impugned order is based on an erroneous
interpretation of the law laid down by the Full Bench in the case of M/s 129 Haria
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Dublong Meen Samabay Samity Ltd. Vs. AFDC Ltd. reported in 2001 (1) GLT 545
and therefore, the same is unsustainable in law. Mr. Choudhury has also argued that the
impugned order has been assailed on a number of other grounds as well including the
ground that the authority did not consider the injury that would be caused to the
petitioner due to the heavy investment already made by it in the fishery.
Responding to the above, Mr. Sharmah, learned standing counsel, AFDC submits
that the primary issue raised in this writ petition has already been decided by a coordinate
Bench in favour of the AFDC and the writ appeal, being W.A. No. 348/2022 preferred by
the writ petitioner is pending before the Division Bench. As such, this court may not
entertain this writ petition.
After hearing the submission of learned counsel for both sides, this Court is of the
prima facie opinion that the central issue involved in this proceeding has already been
decided by a coordinate Bench in favour of the AFDC and the writ appeal preferred
against the judgment of the learned Single Judge is pending before the Division Bench.
Therefore, it would be improper for this Court to proceed in the matter and adjudicate
upon the same issue.
Under the circumstances, the only recourse that appears to be available to this
Court would be to direct this writ petition to be tagged with W.A. No. 348/2022.
Ordered accordingly.
Registry to list the matters together.
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JUDGE
GS
Comparing Assistant
