Kulai Das vs The State Of Assam And 8 Ors
2024 Latest Caselaw 8500 Gua

Gauhati High Court

Kulai Das vs The State Of Assam And 8 Ors on 20 November, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/4

GAHC010225492024




                                                          undefined

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

                         Case No. : WP(C)/5907/2024

         KULAI DAS
         S/O SRI BHADRESWAR DAS,
         VILLAGE CHILATOLA, PO BALICHAPORI, PS GARMUR, DIST MAJULI,
         ASSAM 785104



         VERSUS

         THE STATE OF ASSAM AND 8 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, FISHERY DEPARTMENT, DISPUR GUWAHATI 781006

         2:ASSAM FISHERY DEVELOPMENT CORPORATION LTD.
          REPRESENTED BY THE MANAGING DIRECTOR
         VIP ROAD
          CHACHAL GUWAHATI 781036

         3:THE MANAGING DIRECTOR

          ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
          VIP ROAD
          CHACHAL GUWAHATI 781036

         4:MISSING AUTONOMOUS COUNCIL (MAC)
          REPRESENTED BY ITS CHIEF EXECUTIVE MEMBER
          GOGAMUKH
          PO GOGAMUKH
          PS AND DIST DHEMAJI
         ASSAM 787034

         5:THE PRINCIPAL SECRETARY
          MISING AUTONOMOUS COUNCIL
          GOGAMUKH
                                                                      Page No.# 2/4

            PO GOGAMUKH
            PS AND DIST DHEMAJI
            ASSAM 787034

           6:THE DISTRICT COMMISSIONER
            MAJULI DISTRICT GARMUR
            PO AND PS GARMUR
            DIST MAJULI
           ASSAM

           7:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE )
            MAJULI DISTRICT GARMUR
            PO AND PS GARMUR
            DIST MAJULI
           ASSAM

           8:SRI KIRAN PAYENG
            S/O SRI SARAT PAYENG
           VILLAGE BORGAYAN
            PO 1 NO. BARGAYAN
            PS GARMUR DIST MAJULI
           ASSAM 785104

           9:THE CIRCLE OFFICER

            MAJULI REVENUE CIRCLE KAMALABARI
            PO KAMALABARI
            DIST MAJULI
            ASSAM 78510

      For the Petitioner(s)       : Mr. H. K. Mahanta, Advocate

      For the Respondent(s)       : Ms. U. Das, Addl. Sr. GA
                                  : Mr. D. Gogoi, Standing Counsel




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                    ORDER

Date : 20.11.2024

Issue notice making it returnable on 16.12.2024.

Page No.# 3/4

2. None appears on behalf of the Fishery Department of the Government of Assam as well as also for the Assam Fisheries Development Corporation Ltd. on call.

3. Mr. D. Gogoi, the learned Standing counsel appears on behalf of the Respondent Nos. 4 and 5; Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the Respondent Nos. 6, 7 and 9 and accepts notice.

4. As the Respondent Nos. 4, 5, 6, 7 and 9 are duly represented by their respective learned counsels, extra copies of the writ petition be served upon them during the course of the day.

5. As regards the Respondent Nos. 1, 2 and 3, the Petitioner is directed to serve extra copies upon Mr. P. Sharma, the learned Standing counsel of both the Fishery Department as well as the Assam Fisheries Development Corporation Ltd. during the course of the day.

6. As regards the Respondent No.8, the Petitioner is directed to take steps by way of Registered Post with A/D as well as through usual process within 3 (three) days.

7. In addition to that, the Petitioner is directed to effect service upon the Respondent No.8 by way of dasti routed through the Registry of this Court and file an affidavit of service on or before the next date.

8. The case of the Petitioner herein is that the Petitioner is a settlement holder of Kharjanghuli Meen Mahal which was settled with the Petitioner vide an order dated 16.07.2021 for a period of 7 (seven) years. Be that as it may, the Respondent No.4 had initiated a tender process and settled some portion of the said area falling within the settled fishery of the Page No.# 4/4

Petitioner with the Respondent No.8 vide an order dated 29.06.2024. It is the case of the Petitioner that the said action could not have been taken by the Respondent No.4 and 5 taking into account that the Mising Autonomous Council has no authority or jurisdiction to settle any water body.

9. The learned counsel appearing on behalf of the Petitioner referred to a judgment of this Court in the case of Dibrugarh Fishery Cooperative Society Ltd. Vs. State of Assam dated 20.08.2024 whereby this Court had

categorically held that the Mising Autonomous Council had no authority to make settlement of any fisheries or even natural water bodies in view of the notification dated 07.03.2017.

10. Taking into account that the issue involved in the instant case is squarely covered by the decision of this Court in the case of Dibrugarh Fishery Cooperative Society Ltd. (supra), this Court stays the settlement

made in favour of the Respondent No.8 dated 29.06.2024.

11. Further to that, the Respondent Nos. 4 and 5 are directed to forthwith direct the Respondent No.8 not to carry out any further fishing activity on the basis of the order dated 29.06.2024.

JUDGE

Comparing Assistant