Kumud Misra @ Kumud Ch Deb Misra v. The State of Assam and 7 Ors

ORDER

06.12.2024

¶1Heard Mr. A.K. Sarma, learned counsel for the petitioner, who submits that pursuant to the NIT dated 17.12.2015, Group No.7/93 Raidak Fishery of Dhubri District was settled with the petitioner by the Deputy Commissioner, Dhubri under Rule 12 of the Assam Fishery Rules, 1953.

¶2The petitioner made a representation dated 14.06.2024, praying for extension of the settlement of the fishery in terms of Rule 8(b) of the 1953 Rules, on the ground that the petitioner had suffered a loss due to Covid-19 pandemic in the year 2020-21. As the petitioner's representation was not being considered, the petitioner approached this Court by way of WP(C) No.3223/2024. The same was disposed of vide order dated 24.06.2024, by directing the respondents to take a decision on the petitioner's representation.

¶3The Additional Secretary to the Government of Assam, Fishery Department thereafter issued a letter dated 23.10.2024 to the petitioner, rejecting the petitioner's prayer for extension of the fishery, on the ground that it would be difficult to consider the petitioner's case only under Rule 8(b) of the 1953 Rules due to the COVID-19 Pandemic, as it would entail considering all cases. The petitioner was accordingly requested to go for fresh settlement with the issuance of an NIT, which was kept pending in view of the interim order of the Page No.# 3/3 High Court.

¶4The petitioner's counsel submits that the petitioner is no longer in possession of the fishery in question.

¶5Issue notice returnable in 4(four) weeks.

¶6Mr. P. Sarma, learned counsel accepts notice on behalf of the Fishery Department, while Mr. S.R. Baruah, leanred counsel accepts notice on behalf of the respondent Nos.2 & 4.

¶7List the matter after 4(four) weeks to enable the respondents to file their affidavits.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010255982024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6521/2024o M/SoGANGADHARoFISHERYoCOoOPoSOCIETYoLTDo AoCO-OPERATIVEoSOCIETY,oREGISTEREDoUNDERoTHEoASSAMoCO- OPERATIVEoSOCIETIESoACT,o1949oHAVINGoITSoREGISTEREDoOFFICEoATo GOLAKGANJ,oDIST-oDHUBRI,oREPRESENTEDoBYoITSoSECRETARYoSRIoLALo BAHADURoBISWAS,oAGEDoABOUTo47oYEARS,oS/O-oLT.oSUDHIRoCH.oBISWAS, VILL-oSOUTHoRAIPUR,oPART-III,oP.O.oANDoP.S.oGOLAKGANJ,oDIST-oDHUBRI,o ASSAM,oPIN-o783334 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oGOVT.oOFo ASSAM,oFISHERIESoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoDEPUTYoCOMMISSIONER oDHUBRI oP.O.oANDoDIST-oDHUBRI oPIN-o783301 3:THEoADDL.oSECRETARY oGOVT.oOFoASSAM oFISHERYoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoCIRCLEoOFFICER oAGOMONIoREVENUEoCIRCLE oAGOMONI oDIST-oDHUBRI oASSAM oPIN-o78333o Page No.# 2/3 Advocate for the Petitioner : MR. A K SARMA, MR D KALITA,MR H J TAMULI Advocate for the Respondent : GA, ASSAM, SC, FISHERY BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA