Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 5 Ors on 10 September, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010038502021
2025:GAU-AS:12335
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1469/2021
KALANGPAR MALIBAGAN ANUSUCHITA JATI MATCHYA UNNAYAN
SAMITI
(NON GOVERNMENT ORGANISATION) REPRESENTED BY ITS SECRETARY
SHRI SANJIB DAS, SON OF SHRI PRABHAT DAS AGED ABOUT 42
YEARS,RESIDENT OF BARUWABARI, SONAPUR, PO AND PS SONAPUR,
DIST KAMRUP M ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY,FISHERY
DEPARTMENT, DISPUR, GUWAHATI 781006
2:THE JOINT SECRETARY
TO THE GOVT. OF ASSAM
FISHERY DEPARTMENT
DISPUR
GUWAHATI 781006
3:THE DEPUTY COMMISSIONER
KAMRUP (M) ASSAM
4:THE DISTRICT FISHERY DEVELOPMENT OFFICER
KAMRUP ASSAM
5:THE MANAGING COMMITTEE
BEJENI MALIBAGAN HIGH SCHOOL
PO HAHAORA
DIST KAMRUP (M) ASSAM
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REPRESENTED BY ITS SECRETARY
6:THE SECRETARY OF THE MANAGING COMMITTEE
BEJENI MALIBAGAN HIGH SCHOOL
PO HAHAORA
DIST KAMRUP (M) ASSA
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
Advocates for the petitioner(s) :Mr. S Banik
Advocates for the respondent(s) : Mr. K Gogoi
Addl. Senior Govt. Advocate, Assam
Date of hearing & judgment :10.09.2025
JUDGMENT & ORDER(ORAL)
Heard Mr. S Banik, the learned counsel appearing on behalf of
the petitioner. Mr. K Gogoi, the learned Additional Senior Govt.
Advocate, Assam, who appears on behalf of the State respondents.
2. The petitioner herein has approached this Court challenging the
actions of the respondent Fishery Department in trying to settle the
Khas Nagajan Meen Mahal, Kamrup which is a 60% category Fishery
to the respondent No.6, which is a school and does not come within
the ambit of Rule 13 of the Assam Fishery Rules, 1953. Being
aggrieved by the non-passing of an interim order, the petitioner
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approached the learned Division Bench of this Court in WA
No.95/2021 and the learned Division Bench by the order dated
19.03.2021 passed an order of stay of the order dated 15.02.2021
issued by the Joint Secretary to the Govt. of Assam, Fishery
Department and restrained the parties from handing over possession
of the concerned Khas Nagajan Meen Mahal to the Management
Committee of the School. The said interim order thereupon have been
continuing for the last more than 4(four) years.
3. This Court enquired with Mr. K Gogoi, the learned Additional
Senior Govt. Advocate appearing on behalf of the Fisheries
Department as to whether 60% Fishery can be allotted dehors Rule
13 of the Assam Fishery Rules, 1953.
4. Mr. K Gogoi, the learned Additional Senior Govt. Advocate, Assam
submitted that the mandate of Rule 13 of the Assam Fishery Rules,
1953 is very clear that the same has to be complied with in respect to
60% Fishery. He submitted with due fairness that the impugned order
may be set aside and liberty may be granted to the State to settle the
Khas Nagajan Meen Mahal in accordance with the Assam Fishery
Rules, 1953.
5. Taking into account the above, this Court sets aside the
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impugned order dated 15.02.2021 issued by the Joint Secretary to the
Govt. of Assam, Fishery Department.
6. Further to that, this Court grants the liberty to the Fishery
Department, Govt. of Assam to settle the said Khas Nagajan Meen
Mahal in accordance with the Assam Fishery Rules, 1953 and
specifically by following the mandate of Rule 13 of the said Rules.
7. With the above, the writ petition stands disposed of.
JUDGE
Comparing Assistant
