Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 16 July, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010136992022
2025:GAU-AS:9212
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4588/2022
NRIPEN MEDHI
S/O- LATE BHOGEN MEDHI, VILL.- JUGUKUCHI, P.O. AND P.S. SONAPUR,
DIST. KAMRUP(M)
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY FISHERY
DEPTT., GOVT. OF ASSAM
2:THE DIRECTORATE OF FISHERIES
MEEN-BHAWAN
GOPINATH NAGAR
GUWAHATI-16.
3:DEPUTY COMMISSIONER
KAMRUP(M)
GHY-01.
4:THE DISTRICT FISHERY DEVELOPMENT OFFICER
KAMRUP(M)
GHY-6.
5:M/S. ANUH INFRA
BELTOLA
GUWAHATI-781028
OWNER OF ANUH INFRA -
SRI PRANABJYOTI HAINARY
SON OF PREM NATH HAINARY
RESIDENT OF GAME VILLAGE
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BASISTHA
GUWAHATI-781029
DISTRICT- KAMRUP(M)
ASSAM
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
Advocates for the petitioner(s) :Mr. B Khakhlary
Advocates for the respondent(s) :Ms. U Das
Additional Senior Govt.
Advocate, Assam
Date of hearing & judgment :16.07.2025
JUDGMENT & ORDER(ORAL)
Heard Mr. B Khakhlary, the learned counsel appearing on behalf of the
petitioner. Ms. U Das, the learned Additional Senior Government Advocate,
Assam, who appears on behalf of the respondent Nos.1, 2, 3 and 4.
2. The petitioner herein has approached this Court challenging the notice-
cum-order dated 29.06.2022 issued by the District Fishery Development Officer,
Kamrup(M), whereby the petitioner was directed to evacuate the premises
within 5(five) days from the date of receipt of notice, failing which, the said
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officer informed the petitioner that legal action against the petitioner would be
taken.
3. The entire edifice of the petitioner's case is that the petitioner is a lessee of
Sonapur Fish Seed Farm in Dimoria Block and was issued a lease by the order of
the Deputy Commissioner, Kamrup(M) dated 23.10.2013 for an indefinite period
against which a certificate dated 04.12.2014 was issued by the District Fishery
Development Officer, Kamrup(M) Guwahati. The petitioner's grievance is that
the respondent No.4 had issued the impugned notice-cum-order dated
29.06.2022, whereby it was informed that the petitioner was illegally residing in
the premises of the Sonapur Fish Seed Farm under the Department of Fisheries,
Kamrup even after undertaking eviction drive by the Circle Officer, Sonapur
Revenue Circle on 28.07.2017. The petitioner was asked to evacuate the
premises within 5(five) days failing which legal action would be taken.
4. The record reveals that this Court vide the order dated 02.09.2022, issued
notice. However, for the ends of justice, this Court directed that status-quo be
maintained as regards the fishery, in question, till the next date. The interim
order thereupon had been continued from time to time.
5. Ms. U Das, the learned counsel appearing on behalf of the respondents
drew the attention of this Court to the affidavit-in-opposition filed by the
respondent No.4 on 24.08.2022 and stated that the petitioner was not the
lessee of the Sonapur Fish Seed Farm, inasmuch as, there was no lease so
executed in his favour. She further submitted that the farm was initially leased
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out to one Bharat Das vide the agreement dated 23.07.2013 for a period of
5(five) years and later on he surrendered the lease agreement on 20.08.2014. It
was further mentioned that the basis on which the petitioner claimed that the
then CEO FFDA and DFDO, Kamrup had certified that the petitioner can hold the
Farm for a long term citing approval of the Deputy Commissioner, Kamrup (M) is
fake and no official correspondences were made on that matter. It was also
mentioned that the settlement was given by one Hitendra Duwara was on his
personal interest and no approval was there from the Chairman-cum-Deputy
Commissioner, Kamrup(M) as stated in the said certificate.
6. This Court has further perused the basis on which the petitioner claims to
have a long term lease over the Sonapur Fish Seed Farm. In the opinion of this
Court, the said document under no circumstance can be said to be an official
document granting lease. The said document on the face of it appears to be a
certificate issued in the letter head of one Hitendra Duwara and the State
Largesse in the opinion of this Court cannot be distributed in that manner. In
such circumstances, the petitioner cannot claim any right to remain in
possession over the Sonapur Fish Seed Farm.
7. Accordingly this Court finds no ground to interfere with the impugned
communication dated 29.06.2022 issued by the respondent No.4.
8. This Court, accordingly, dismisses the instant writ petition.
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9. The interim order passed on 02.09.2022 stands vacated.
JUDGE
Comparing Assistant
