Gauhati High Court
Ganakpara Fishery Co Op Society ... vs The State Of Assam And 2 Ors on 17 February, 2023
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GAHC010206122022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6637/2022
GANAKPARA FISHERY CO OP SOCIETY LIMITED
REP. BY SECY. SHRI GOVINDA SARKAR, AGED ABOUT 45 YEARS, S/O-
MONO SARKAR, R/O- VILL- GANAK PARA, P.O. MAKRIKUCHI, DIST.-
BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF FISHERIES,
DISPUR, GHY-06
2:ASSAM FISHERIES DEVELOPMENT CORPORATION LTD.
REP. BY ITS CHAIRMAN
CHACHAL
VIP ROAD
SIX MILE
GHY-36
3:THE MANAGING DIRECTOR
ASSAM FISHERIES DEVELOPMENT CORPORATION LTD.
CHACHAL
VIP ROAD
SIX MILE
GHY-3
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/6039/2022
GANAKPARA FISHERY CO OP SOCIETY LTD.
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REPRESENTED BY SECRETARY SHRI GOVINDA SARKAR
AGED ABOUT 45 YEARS
S/O MONO SARKAR
R/O VILL- GANAK PARA
P.O.-MAKRIKUCHI
DIST- BARPETA
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF FISHERIES
DISPUR
GUWAHATI-781006
2:ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
REPRESENTED BY ITS CHAIRMAN
CHACHAL
VIP ROAD
SIX MILE
GUWAHATI-781036
3:THE MANAGING DIRECTOR
ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
CHACHAL
VIP ROAD
SIX MILE
GUWAHATI-781036
4:DHIRAJ DAS
S/O HARIDAS DAS
VILL-HALDIBARI BANIAKUCHI
P.O. AND P.S.-SARTHEBARI
DIST-BARPETA
ASSAM-781307
5:ARUN DAS
S/O DINESH DAS
VILL-BAMPARA
P.O.-MAKRIKUCHI
P.S.-JARABARI
DIST-BARPETA
ASSAM-781305
6:LAKHSMAN DAS
S/O PADA DAS
VILL-PALAHARTAL (BARADI)
P.O. AND P.S.-BARPETA
DIST-BARPETA
ASSAM-781301
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Advocate for : MR B D DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
17.02.2023
Shri P. Sarmah, learned Standing Counsel, AFDC submits that though an affidavit
has been filed, that has not been done by the Corporation but by the Department
which cannot be taken into cognizance. Referring to the Full Bench Judgment of M/s.
129 Haria Dablong Min Mahal Sambat Samity Ltd. Vs. Assam Fisheries
Development Corporation Ltd. & Ors. reported in (2021) 2 GLR 333, more
specifically, paragraph 26(1), Shri Sarmah, learned Standing Counsel submits that it is
the Corporation which has been vested with the sole authority to lease out / settle the
fisheries which have been transferred or vested to them under Rule 8(c)(ii) of the
Assam Fishery Rules and fishery in question is one of the fisheries, the control of
which has been vested upon the Corporation.
Shri Sarmah, learned Standing Counsel, AFDC prays for and is granted a weeks'
time to file the affidavit-in-opposition. Shri Sarma also submits that there is an interim
protection passed in this petition which is causing prejudice to them, necessary IA be
filed for vacating the interim order.
List this case after a week.
Interim order passed earlier to continue till the next date of listing.
JUDGE
Comparing Assistant
