Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 3 June, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/5
GAHC010021462021
2025:GAU-AS:7142
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4419/2020
PRAGATISHIL ATMASAHAYAK GOT
REP. BY ITS CHAIRMAN MRS. HEMLATA DAS
W/O. SHRI ARJUN DAS
R/O. VILL. SISIMUKH
P.O. SISIMUKJH
DIST. DHEMAJI
ASSAM
PIN-787078.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY.
FISHERY DEPTT.
DISPUR
GUWAHATI-781006.
2:THE JOINT SECRETARY
TO THE GOVT. OF ASSAM
FISHERY DEPTT.
DIPUR
GUWAHATI-781006.
3:THE DY. COMMISSIONER
DHEMAJI
ASSAM.
4:THE DISTRICT FISHERY DEVELOPMENT OFFICER
DHEMAJI.
Page No.# 2/5
5:M/S GOHAINGAON BAHUMUKHI MAHILA SAMABAI SAMITY LTD.
REP. BY ITS SECRETARY
P.O. AND DIST. DHEMAJI
ASSAM
PIN-787057.
------------
Advocate for : MR. S BANIK
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case: WP(C)/903/2021
PRAGATISHIL ATMASAHAYAK GOT
REP. BY ITS CHAIRMAN MRS. HEMLATA DAS, W/O. SHRI ARJUN DAS, R/O.
VILL. SISIMUKH, P.O. SISIKUKJH, DIST. DHEMAJI, ASSAM, PIN-787078.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. FISHERY DEPTT., DISPUR, GUWAHATI-
781006.
2:THE JOINT SECRETARY
TO THE GOVT. OF ASSAM
FISHERY DEPTT.
DISPUR
GUWAHATI-781006.
3:THE DY. COMMISSIONER
DHEMAJI
ASSAM.
4:THE DISTRICT FISHERY DEVELOPMENT OFFICER
DHEMAJI.
5:M/S GOHAIGAON BAHUMUKHI MAHILA SAMABAI SAMITY LTD.
REP. BY ITS SECRETARY
P.O. AND DIST. DHEMAJI
ASSAM
PIN-787057
Advocate for the Petitioner : MR. S BANIK, MS F BEGUM,A N HUSSAIN
Page No.# 3/5
Advocate for the Respondent : GA, ASSAM, SC, FISHERY DEPARTMENT
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
03.06.2025
Heard Mr. S Banik, learned counsel for the petitioner. Mr. P. Sarma, learned
counsel appears for the respondent Nos.1 & 2, while Mr. Chetia, learned counsel
appears for the respondent Nos.3 & 4. No one appears for the respondent No.5.
However, the Lawazima Court's order dated 23.05.2025 states that service of
notice in respect of the respondent No.5 is complete.
2. In WP(C) No.4419/2020, the petitioner has prayed for setting aside the
impugned order dated 11.05.2020 issued by the Joint Secretary to the
Government of Assam, Fishery Department, by which the Deputy Commissioner,
Dhemaji has been requested to allow the lessee, i.e., the respondent No.5 to
run the Chengajan Group Fishery, as per existing rate of revenue
@Rs.1,53,001/- per annum.
3. In WP(C) No.903/2021, the impugned order dated 22.01.2021 issued by
the Fishery Department extending the settlement of the Chengajan Group
Fishery in favour of the respondent No.5, beyond the validity of the period of
the lease settlement, i.e., 26.04.2020, has been put to challenge.
4. The challenge in both the cases relate to the extension of the settlement
period of the fishery beyond 26.04.2020.
5. The counsels for the parties have brought to the notice of the Court the
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judgment and order dated 19.05.2022 passed in WP(C) No.1174/2021, wherein
it had set aside the extension of the lease of the fishery given to the respondent
No.5 vide the impugned order dated 22.01.2021, after the expiry of the validity
of the lease period of the fishery on 26.04.2020.
6. The judgment and order dated 19.05.2022 passed in WP(C)
No.1174/2021, wherein the respondent No.5 was also a party, has clearly
stated in Para 16 & 19 as follows:-
"16. From this point of view, this court un-hesitantly holds that the
extension of lease after expiry of lease was beyond the competence and
jurisdiction of authority. Accordingly, the same is interfered with.
19. Accordingly this writ petition is allowed in the aforesaid terms. The
respondent State is directed to sale/settle the fishery in question through
Tender as per the Assam Fishery Rules, 1953 within a period of four weeks from
receipt of a copy of this order to be furnished by the petitioner before the
respondent authorities."
7. Mr. P. Sarma, learned counsel for the respondent Nos.1 & 2 has also
submitted a letter eCF No. E-274672/53 dated 02.06.2025 issued by the
Commissioner & Secretary to the Government of Assam, Fishery Department,
which is to the effect that the Government is contemplating immediate action
for termination of the extension order of the fishery dated 22.01.2021. Further,
a separate order was being issued to the Deputy Commissioner, Dhemaji, to
take over physical possession of the fishery and take action for regular
settlement within a fixed timeline with issuance of NIT.
8. Mr. M. Chetia, learned counsel for the respondent Nos.3 & 4 has submitted
a letter dated 31.05.2025 issued by the District Fishery Development Officer,
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Dhemaji to the Addl. District Commissioner (Fishery), Dhemaji, which shows
that the respondent No.5 is to run the fishery till 13.07.2025.
9. On perusing the judgment and order passed in WP(C) No.1174/2021,
there was no ground for allowing the respondent No.5 to run the fishery beyond
the date of judgment and order passed in WP(C) No.1174/2021, inasmuch as,
the impugned order dated 22.01.2021, which had been challenged in WP(C)
No.903/2021 had been set aside.
10. In that view of the matter, the respondents are directed to immediately
take over possession of the Chengajan Group Fishery, Dhemaji from the
respondent No.5 and take steps for regular settlement of the same through
issuance of an NIT. It is made clear that if the respondents do not take
immediate possession of the fishery from the respondent No.5, consequences
for noncompliance of this order and the judgment and order passed in WP(C)
No.1174/2021 may follow, against the erring officials and the respondent No.5.
11. In view of the judgment and order passed in WP(C) No.1174/2021, any
order issued by the respondents, including the letter dated 31.05.2025 issued
by the District Fishery Development Officer, Dhemaji, allowing the respondent
No.5 to run the fishery, is/are hereby set aside.
12. The writ petitions are accordingly disposed of.
JUDGE
Comparing Assistant
