Gauhati High Court
Kamrul Islam vs The Assam Fisheries Development ... on 8 August, 2024
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GAHC010096562020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2871/2020
KAMRUL ISLAM
S./O- ABDUL JALIL, R/O- VILL- BAZARBND, P.O- CHATAL, DIST-
KARIMGANJ, ASSAM
VERSUS
THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED(AFDC)
AND 3 ORS
CHACHAL, VIP ROAD, GUWAHATI- 36
2:THE MANAGING DIRECTOR
AFDCL
CHACHAL
VIP ROAD
GUWAHATI- 36
3:THE DEPUTY COMMISSIONER
KARIMGANJ
ASSAM
PIN- 788710
4:AMIRUL ISLAM
S/O LT. MAKLISUR RAHMAN
VILL-BAZARBOND
P.O- CHATAL
PIN- 788710
DIST.-KARIMGANJ
ASSAM
Advocate for the Petitioner : MR. J M A CHOUDHURY, MR. A B T HAQUE
Advocate for the Respondent : SC, AFDC, MS. S B CHOUDHURY (R-4),MR B GOGOI,GA,
ASSAM
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Linked Case : I.A.(Civil)/1597/2020
AMIRUL ISLAM
S/O- LATE MAKLISUR RAHMAN
VILL-BAZARBOND
PO-CHATAL
PIN-788710
DIST- KARIMGANG
ASSAM
VERSUS
KAMRUL ISLAM
S./O- ABDUL JALIL
R/O- VILL- BAZARBND
P.O- CHATAL
DIST- KARIMGANJ
ASSAM
------------
Advocate for : MS. S B CHOUDHURY
Advocate for : MR. J M A CHOUDHURY appearing for KAMRUL ISLAM
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 08.08.2024
Heard Mr. A. B. T. Haque, learned counsel appearing on behalf of the
petitioner. Also heard Mr. P. Sarma, learned standing counsel, Assam Fisheries
Development Corporation Ltd(AFDCL).
2. The petitioner by way of instituting the present proceeding, has
presented a challenge to a communication, dated 21.02.2020, by which the
Managing Director, Assam Fisheries Development Corporation Ltd(AFDCL), had
cancelled the extension as granted to the lease of the petitioner, herein, in
respect of his Fishery, vide order, dated 20.02.2020.
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3. The facts requisite for consideration of the issue arising in the matter, is
noticed as under:
The petitioner, herein, was settled with a Fishery named Gopachang
Group Fishery, Karimganj, for a period of 7 years w.e.f. 01.04.2012 to
31.03.2019. The petitioner contends that he had remitted to the authorities of
the Assam Fisheries Development Corporation Ltd(AFDCL), the due kist money
involved. However, on account of encroachments being made on a major part
of the said Fishery; the petitioner, herein, could not carry-out the fishing
activities therein, in terms of the projections as made by the authorities of the
area of the Fishery at the time of the initial settlement of the same, with him.
The petitioner, thereafter, approached the respondent authorities for
remission of the kist amount and/or for granting him the extension of the
lease of his Fishery so as to recoup the loss so sustained by him.
On consideration of the prayer so made by the petitioner, herein; the
Managing Director, Assam Fisheries Development Corporation Ltd(AFDCL),
vide his communication, dated 20.02.2020, proceeded to accept the prayer of
the petitioner and extended the lease of the petitioner for a period of 3 years
till 31.03.2023, in the manner as specified therein.
However, on the next very date i.e. 21.02.2020, the said extension as
granted to the lease of the petitioner, herein, came to be withdrawn; leading
to the institution of the present proceeding.
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4. At the outset, it is to be noted that the lease of the petitioner, herein,
had come to an end on 31.03.2019, and the communication, dated
20.02.2020, extending his lease has the effect of extending a lease after the
same had come to an end and not during the currency of the same, which
admittedly was not permissible. It is the settled position of law that a
lease/settlement the tenure of which has already expired; the same cannot be
extended by authorities in any manner.
5. Be that as it may; it is contended at the Bar that the settlement of the
said Fishery was so made with the petitioner by way of direct recruitment. The
authorities of the Assam Fisheries Development Corporation Ltd(AFDCL) had
also made direct settlement of few other Fisheries, by way of direct
recruitment and the same, on being cancelled; the settlement holders assailed
the same, before this Court, in a number of writ proceedings which on being
dismissed, lead to institution of writ appeals before this Court.
6. This Court in Writ Appeal No. 366/2022( Nisar Ahmed v. AFDC Ltd. & ors.)
and other analogous matters, vide judgment & order, dated 06.05.2024,
proceeded to consider the issue involved and upon hearing the parties to the
proceeding therein; by applying the decision of the Full Bench of this Court
rendered in the case of M/s. 129 Haria Dablong Min Mahal Samabhai Samity Ltd v.
Assam Fisheries Development Corporation Ltd. & ors ., reported in AIR 2001 Gau
139; proceeded to hold that the Assam Fisheries Development Corporation
Ltd(AFDCL) authorities had no power of direct settlement of Fisheries and
therefore, the Fisheries as settled in favour of the appellants therein, without
calling for the tenders, was illegal.
7. Applying the decision of this Court in the case of Nisar Ahmed (supra), it
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is found that in the present case also, that the initial settlement, as made with
the petitioner by the Assam Fisheries Development Corporation Ltd(AFDCL)
authorities was so made, by direct settlement and not, by a tender process,
and accordingly, the said settlement being void ab initio; any grievance of the
petitioner in relation to the said settlement so made, cannot be considered by
this Court in the present proceeding.
8. In view of the above position; the settlement as made in favour of the
petitioner, herein, being void ab initio; this Court is of the considered view that
the grievance as raised by the petitioner in the present proceeding, for an
extension of the term of his lease as granted to him in the matter, cannot be
entertained and accordingly; the writ petition is held to be devoid of any
merit.
9. In view thereof, the writ petition accordingly stands dismissed. However,
there shall be no order as to costs.
JUDGE
Comparing Assistant
