Gauhati High Court
Page No.# 1/9 vs The State Of Assam And 4 Ors (B) on 4 March, 2025
Page No.# 1/9
GAHC010101652024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/352/2024
NATUN MELANG MIN SILPA SAMBAI SAMITY AND ANR
REPRESENTED BY ITS CHAIRMAN, ACHINTA DAS, AGED ABOUT 46
YEARS, R/O- VILLAGE NATUN MELENG CHAPORI, P.S.- TEOK, SUB-
DIVISION JORHAT, DISTRICT- JORHAT, ASSAM, PIN- 785112.
2: NATUN MELANG MIN SILPA SAMBAI SAMITY
REPRESENTED BY ITS SECRETARY
RABIN DAS
AGED ABOUT 56 YEARS
R/O- VILLAGE NATUN MELENG CHAPORI
P.S.- TEOK
SUB-DIVISION JORHAT
DISTRICT- JORHAT
ASSAM
PIN- 785112
VERSUS
THE STATE OF ASSAM AND 4 ORS (B)
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-
781006.
2:THE DEPUTY COMMISSIONER
JORHAT
DISTRICT- JORHAT
PIN- 785001
ASSAM.
3:THE DISTRICT FISHERY DEVELOPMENT OFFICER
JORHAT
GARMUR
DISTRICT- JORHAT
Page No.# 2/9
ASSAM
PIN- 785001.
4:THE PRESIDENT/SECRETARY
NAYANJYOTI SELF HELP GROUP
NATUN MELENGGON
P.O.- BORKHELIA
DISTRICT- JORHAT
ASSAM
PIN- 785101.
5:KUMAR KAIBARTA GAON MEEN SILPA SAMABAI SAMITY LIMITED
NIMATIGHAT JORHAT ASSAM REPRESENTED BY ITS SECRETARY
SRI LALIT KUMAR DAS
SON OF LATE BEPAI DAS
RESIDENT OF BHITOR KOKILA KOIBARTA GAON
NIMATIGHAT
JORHAT
ASSAM 78511
Advocate for the Petitioner : MS. T SOM, MR H DAS,MS. U HAZARIKA
Advocate for the Respondent : MR. M K CHOUDHURY (R-4), MR D J MEDHI(R-4),MR S
KHOUND(R-4),SC, FISHERY
Linked Case : WA/113/2024
NAYANJYOTI SELF HELP GROUP
REPRESENTED BY ITS SECRETARY SMTI ARCHANA DAS
W/O SRI SARAT DAS
NATUN MELENGGAON
P.O.- BORKHELIA
DISTRICT- JORHAT
PIN- 785101.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
Page No.# 3/9
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
4:THE DEPUTY COMMISSIONER
JORHAT
ASSAM.
5:KUMAR KAIBARTA GAON MEEN SILPA SAMABAI SAMITY LTD
NIMATIGHAT
JORHAT
ASSAM
REPRESENTED BY ITS SECRETARY SRI LALIT KUMAR DAS
SON OF LATE BEPAI DAS
RESIDENT OF BHITOR KOKILA KOIBARTA GAON
NIMATIGHAT
DISTRICT- JORHAT
PIN- 785111
ASSAM.
6:NATUN MELENG MEEN SILPA SAMABAI SAMITY LTD
REPRESENTED BY ITS SECRETARY SRI ACHINTA DAS
NATUN MELENG CHAPORI GAON
P.O.- BORKHELIA
DISTRICT- JORHAT
PIN- 785101.
------------
Advocate for : MR. M K CHOUDHURY
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : I.A.(Civil)/2208/2024
NATUN MELANG MIN SILPA SAMBAI SAMITY AND ANR
REPRESENTED BY ITS CHAIRMAN
ACHINTA DAS
AGED ABOUT 46 YEARS
Page No.# 4/9
R/O- VILLAGE NATUN MELENG CHAPORI
P.S.- TEOK
SUB-DIVISION JORHAT
DISTRICT- JORHAT
ASSAM
PIN- 785112.
2: NATUN MELANG MIN SILPA SAMBAI SAMITY
REPRESENTED BY ITS SECRETARY
RABIN DAS
AGED ABOUT 56 YEARS
R/O- VILLAGE NATUN MELENG CHAPORI
P.S.- TEOK
SUB-DIVISION JORHAT
DISTRICT- JORHAT
ASSAM
PIN- 785112.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
2:THE DEPUTY COMMISSIONER
JORHAT
DISTRICT- JORHAT
PIN- 785001
ASSAM.
3:THE DISTRICT FISHERY DEVELOPMENT OFFICER
JORHAT
GARMUR
DISTRICT- JORHAT
ASSAM
PIN- 785001.
4:THE PRESIDENT/SECRETARY
NAYANJYOTI SELF HELP GROUP
NATUN MELENGGON
P.O.- BORKHELIA
DISTRICT- JORHAT
Page No.# 5/9
ASSAM
PIN- 785101.
5:KUMAR KAIBARTA GAON MEEN SILPA SAMABAI SAMITY LIMITED
NIMATIGHAT JORHAT ASSAM REPRESENTED BY ITS SECRETARY
SRI LALIT KUMAR DAS
SON OF LATE BEPAI DAS
RESIDENT OF BHITOR KOKILA KOIBARTA GAON
NIMATIGHAT
JORHAT
ASSAM 785111
------------
Advocate for : MS. T SOM
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : WA/120/2024
KUMAR KAIBARTA GAON MEEN SILPA SAMABAI SAMITY LTD
NIMATIGHAT
JORHAT
ASSAM
REPRESENTED BY ITS SECRETARY SRI LALIT KUMAR DAS
AGED ABOUT 53 YEARS
SON OF LATE BEPAI DAS
RESIDENT OF BHITOR KOKILA KOIBARTA GAON
NIMATIGHAT
DISTRICT- JORHAT
PIN- 785111
ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
Page No.# 6/9
3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
4:THE DEPUTY COMMISSIONER
JORHAT
ASSAM.
5:NAYANJYOTI SELF HELP GROUP
REPRESENTED BY ITS SECRETARY SMTI ARCHANA DAS
NATUN MELENGGAON
P.O.- BORKHELIA
DISTRICT- JORHAT
PIN- 785101.
6:NATUN MELENG MEEN SILPA SAMABAI SAMITY LTD
REPRESENTED BY ITS SECRETARY SRI ACHINTA DAS
NATUN MELENG CHAPORI GAON
P.O.- BORKHELIA
DISTRICT- JORHAT
PIN- 785101.
------------
Advocate for : MR. K N CHOUDHURY
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
Linked Case : I.A.(Civil)/1891/2024
NATUN MELENG MEEN SILPA SAMABAI SAMITY LTD AND ANR
REPRESENTED BY ITS SECRETARY SRI ACHINTA DAS
NATUN MELENG CHAPORI GAON
P.O.- BORKHELIA
DISTRICT- JORHAT
PIN- 785101.
Page No.# 7/9
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
4:THE DEPUTY COMMISSIONER
JORHAT
ASSAM.
5:KUMAR KAIBARTA GAON MEEN SILPA SAMABAI SAMITY LTD
NIMATIGHAT
JORHAT
ASSAM
REPRESENTED BY ITS SECRETARY SRI LALIT KUMAR DAS
SON OF LATE BEPAI DAS
RESIDENT OF BHITOR KOKILA KOIBARTA GAON
NIMATIGHAT
DISTRICT- JORHAT
PIN- 785111
ASSAM.
6:NAYANJYOTI SELF HELP GROUP
REPRESENTED BY ITS SECRETARY SMTI ARCHANA DAS
W/O SRI SARAT DAS
NATUN MELENGGAON
P.O.- BORKHELIA
DISTRICT- JORHAT
PIN- 785101.
------------
Advocate for : MS. T SOM
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
Page No.# 8/9
Linked Case : I.A.(Civil)/1062/2024
NAYANJYOTI SELF HELP GROUP
REPRESENTED BY ITS SECRETARY SMTI ARCHANA DAS
W/O SARAT DAS AGED ABOUT 40 YEARS
NATUN MELENGGAON
P.O.- BORKHELIA
DISTRICT- JORHAT
PIN- 785101.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI- 781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
FISHERY DEPARTMENTDISPUR GUWAHATI- 781006.
3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM
FISHERY DEPARTMENTDISPUR GUWAHATI- 781006.
4:THE DEPUTY COMMISSIONER JORHATASSAM.
5:KUMAR KAIBARTA GAON MEEN SILPA SAMABAI SAMITY LTD
NIMATIGHAT JORHAT ASSAM
REPRESENTED BY ITS SECRETARY SRI LALIT KUMAR DAS
SON OF LATE BEPAI DAS RESIDENT OF BHITOR KOKILA KOIBARTA GAON
NIMATIGHAT DISTRICT- JORHAT PIN- 785111 ASSAM.
6:NATUN MELENG MEEN SILPA SAMABAI SAMITY LTD
REPRESENTED BY ITS SECRETARY SRI ACHINTA DAS
NATUN MELENG CHAPORI GAON P.O.- BORKHELIA
DISTRICT- JORHAT PIN- 785101.
------------
Advocate for : MR. M K CHOUDHURY
Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
Page No.# 9/9
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 04.03.2025
(Vijay Bishnoi, CJ)
Heard Ms. T. Som, learned counsel for the appellants in WA No.
352/2024; Mr. M. K. Choudhury, learned senior counsel, assisted by Mr. S.
Khound, learned counsel, appearing on behalf of the appellant in WA No.
113/2024; and Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. N.
Gautam, learned counsel, appearing on behalf of the appellant in WA No.
120/2024.
Also heard Mr. P. Sarmah, learned standing counsel, Fishery Department,
Government of Assam; and Ms. R. B. Bora, learned Government Advocate;
appearing on behalf of the other official respondents in all these writ appeals.
Hearing concluded.
Judgment reserved.
JUDGE CHIEF JUSTICE
Comparing Assistant
