Pakoriduba Matsyajibi Samabai ... vs The State Of Assam And 3 Ors
2023 Latest Caselaw 1012 Gua

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GAHC010052792023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WA/88/2023

         PAKORIDUBA MATSYAJIBI SAMABAI SMITY LTD.
         REPRESENTED BY ITS PRESIDENT, SRI HARILAL DAS,
         RESIDENT OF VILLAGE BURABURI, PS MAYONG, DIST MORIGAON,
         ASSAM

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         FISHERY DEPARTMENT, DISPUR, GUWAHATI 781006, ASSAM

         2:THE JOINT SECRETARY
         TO THE GOVT. OF ASSAM
          FISHERY DEPARTMENT
          DISPUR
          GUWAHATI 781006

         3:THE DEPUTY COMMISSIONER
          MORIGAON
          MORIGAON
         ASSAM

         4:TETELIGURI NAVAJYOTI MATASYAJIBI SAMABAY SAMITY LIMITED
          CO OPERATIVE SOCIETY REGISTERED UNDER THE SOCIETIES
         REGISTRATION ACT
          1949 REPRESENTED BY ITS PRESIDENT
          SRI PARESH BISWAS
          65 YEARS
          SON OF LATE GAGAN BISWAS
         A RESIDENT OF VILLAGE HATIBHANGI
          PO RAJAMAYONG
          PS MAYONG
          DIST MORIGAON
         ASSAM
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For the Appellant(s)     :   Mr. K.N. Choudhury, Sr. Advocate assisted by
                             Ms. R.R. Kakati, Advocate.

For the Respondent(s):       Mr. R.K. Borah, Additional Senior Government

Advocate, Assam for respondent Nos.1 to 3. Mr. S. Borthakur, Advocate for respondent No.4.

BEFORE HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE KARDAK ETE 15.03.2023 This appeal is directed against the judgment and order dated 15.02.2023 passed by the learned Single Bench in WP(C) No.3215/2021 whereby the aforesaid writ petition preferred by the writ petitioner (respondent No.4 herein) was accepted and settlement of fishery in favour of the appellant herein by the order dated 08.03.2021 was quashed and it was directed that the settlement would have to be made with the writ petitioner (respondent No.4 herein).

Addressing the Court, Mr. K.N. Choudhury, learned Senior counsel representing the appellant submitted that the appellant herein was the highest bidder amongst the two successful qualifying bidders as concluded by the department.

He submits that the fact regarding notification dated 18.01.2018 having been gazetted is fortified from the stand of the State Government before the learned Single Bench as well as in this appeal. He thus urges that the conclusions arrived at by the learned Single Bench holding that the writ petitioner (respondent No.4 herein) was qualified in terms of the NIT and that the notification of 2018 could not be applied are unsustainable in the eyes of Page No.# 3/3

law.

The matter requires consideration.

Admit.

Since respondents are duly represented, no formal notice is required to be issued.

Heard on the prayer of stay.

Having regard to the facts and circumstances noted above, it is hereby directed that the effect and operation of the impugned judgment and order dated 15.02.2023 passed by the learned Single Bench in WP(C) No.3215/2021 shall remain stayed till disposal of this appeal.

List the appeal for hearing in the month of June, 2023.

                               JUDGE                           CHIEF JUSTICE




Comparing Assistant