Gauhati High Court
Rowmari Phukan Fadia Self Helf Group vs The State Of Assam And 8 Ors B on 15 May, 2024
Author: Chief Justice
Bench: Chief Justice
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GAHC010059662024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/134/2024
ROWMARI PHUKAN FADIA SELF HELF GROUP
REPRESENTED BY ITS SECRETARY, RAJIB HAZARIKA, AGED ABOUT 39
YEARS, SON OF NILA HAZARIKA, RESIDENT OF VILLAGE SANTIPUR,
SIVASAGAR 785671 ASSAM, HAVING ITS OFICE AT VILLAGE NATUN
GATANGA AND ROWMARI PHUKAN FADIA GAON, PO SANTIPUR, PS AND
DIST DIST. SIVASAGAR, ASSAM 785667
VERSUS
THE STATE OF ASSAM AND 8 ORS B
REP. BY THE COMM. AND SECRETARY TO THE GOVT. OF ASSAM, FISHERY
DEPTT., HAVING ITS OFFICE AT DISPUR, GUWAHATI-781006, DIST.
KAMRUP (M), ASSAM.
2:THE SECRETARY
TO THE GOVT. OF ASSAM
FISHERY DEPTT.
HAVING ITS OFFICE AT DISPUR
GUWAHATI-781006
DIST. KAMRUP (M)
ASSAM.
3:THE JOINT SECRETARY
TO THE GOVT. OF ASSAM
FISHERY DEPTT.
HAVING ITS OFFICE AT DISPUR
GUWAHATI-781006
DIST. KAMRUP (M)
ASSAM.
4:THE DEPUTY SECRETARY
TO THE GOVT. OF ASSAM
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FISHERY DEPTT.
HAVING ITS OFFICE AT DISPUR
GUWAHATI-781006
DIST. KAMRUP (M)
ASSAM.
5:THE DY. COMMISSIONER
SIVASAGAR
HAVING ITS OFFICE AT SIVASAGAR TOWN
DIST. SIVASAGAR
ASSAM.
6:THE ADDL. DEPUTY COMMISSIONER
REVENUE FISHERY BRANCH
SIVASAGAR
HAVING ITS OFFICE AT SIVASAGAR TOWN
DIST. SIVASAGAR
ASSAM.
7:THE CIRCLE OFFICER
SIVASAGAR REVENUE CIRCLE
SIVASAGAR
HAVING HIS OFFICE AT SIVASAGAR TOWN
DIST. SIVASAGAR
ASSAM.
8:TRIMURTI ANUSUSHITA JATI SIKHITA NIBONUWA SELF HELP GROUP
BEARING REGISTRATION NO.GDB/DHK/67 AND HAVING ITS REGD.
OFFICE AT VILL. TELIADUNGA
PUKHURIPAR
P.O. BHARALUWA TINALUI
P.S. GAURISAGAR
DIST. SIVASAGAR
ASSAM
PIN-785664 AND REP. BY ITS SECRETARY SHRI DILIP HAZARIKA.
9:DILIP HAZARIKA
S/O. LT. JHURAM HAZARIKA
SECRETARY OF TRIMURTI ANUSUSHITA JATI SIKHITA NIBONUWA SELF
HELP GROUP
VILL. TELIADUNGA PUKURIPAR
P.O. BHARLUA TINALI
P.S. GAURISAGAR
DIST. SIVASAGAR
ASSAM
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PIN-785664
Advocate for the Petitioner : MR S KHOUND
Advocate for the Respondent :
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 15.05.2024
(Vijay Bishnoi, CJ)
This writ appeal has been filed by the appellant being aggrieved with the
order dated 20.02.2024, passed by the learned Single Judge in
WP(C)/2764/2022, whereby, the writ petition filed on behalf of the respondents
no. 8 & 9 has been allowed and that the learned Single Judge has set aside the
order dated 10.09.2020, whereby, the extension was granted to the appellant
for running the fishery in question and the order dated 06.02.2021, issued by
the Joint Secretary, Government of Assam, Fishery Department by which the
lease of the fishery has been extended for 3(three) years, has been set aside.
The learned Single Judge, having gone through the materials available on
record and also going through the facts and circumstances of the case has held
that the co-ordinate Bench of this Court in Jewti NGO Vs State of Assam
reported in 2017 SCC Online Gau 643 has given a specific direction for taking a
fresh decision on the question of granting permanent settlement of the fishery
in question, however, the authorities concerned without taking any fresh
decision on the question of grant of permanent settlement of the concerned
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fishery has illegally settled the fishery in favor of the appellant vide order dated
30.11.2017 and has further, illegally extended the said lease for a period of
3(three) years on 10.09.2020.
The learned Single Judge had also observed that the further order dated
06.02.2021, issued by the Joint Secretary, Government of Assam, Fishery
Department, whereby, the lease of the fishery has been extended for a period of
3(three) years in favor of the appellant, is also illegal.
Having heard the learned counsel for the appellant and after going
through the judgment passed by the learned Single Judge in the case of Jewti
NGO (supra), we are of the considered view that the learned Single Judge has
not committed any illegality in observing that the directions given by the learned
Single Judge in the case of Jewty NGO (supra), which has attained finality, has
not been complied with by the respondents while settling the fishery in question
in favor of the appellant.
Hence, we do not find any merit in the present appeal and the same
accordingly, stand dismissed.
JUDGE CHIEF JUSTICE
Comparing Assistant
