Petition challenging the reconstitution of the Board of Directors of Assam Fisheries Development Corporation Ltd was dismissed for non-prosecution due to the absence of petitioner's representative.
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GAHC010008522011
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 5177/2011
1:SRI BHABANANDA DEKA and ANR
EX- DIRECTOR, AFDC LTD. S/O- LT. CHAWNA DEKA, VILL.- SARTHEBARI, P.O. and P.S.- SARTHEBARI, DIST.- BARPETA, ASSAM.
2: DULU DAS EX- DIRECTOR AFDC LTD. S/O- VILL.- BORALI MAJULI P.O.- NIMATI DIST.- JORHAT ASSAM
VERSUS
1:THE STATE OF ASSAM AND ORS
REP. BY THE COMMISSIONER and SECY., GOVT.OF ASSAM, FISHERY DEPTT., DISPUR, GHY- 26.
2:THE DIRECTOR ASSAM FISHERIES DEPTT. GHY- 16.
3:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION GHY- 16.
4:CHAKRESWAR DAS NON OFFICIAL S/O- LT. PANCHANAN DAS OF VILL.- RAJADUAR MANIKARNESWAR WARD NO. 4 NORTH GUWAHATI DIST.- KAMRUP M PIN- 781030 REP. BY PROGRESSIVE FISH FARMERS
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5:TARUNI DAS NON-OFFICIAL TITABAR CHARIALI P.O.- TITABOR DIST.- JORHAT ASSAM. REPRESENATIVE FROM PROGRESSIVE FISH FARMERS
Advocate for the Petitioner : MR.N AMIN
Advocate for the Respondent :
BEFORE
HON'BLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 07-02-2019
None appears for the petitioners on call though Mr. N. Goswami, learned Govt. Advocate is present for respondent Nos.1 and 2.
The two petitioners have assailed reconstitution of the Board of Directors of Assam Fisheries Development Corporation Ltd (Corporation) vide notification dated 26.08.2011 issued by the Secretary to the Govt. of Assam, Fishery Department, more particularly, by inclusion of respondent Nos.4 and 5 in place of the two petitioners.
Be it stated that vide notification dated 06.06.2008 issued by the Commissioner and Secretary to the Government of Assam, Fishery Department, Board of Directors of the Corporation was earlier reconstituted with Fishery Minister as the Chairman and 10 other members including two non-official members as Directors. The two non-official members were the two petitioners.
By the impugned notification dated 26.08.2011, Board of Directors of the Corporation so reconstituted on 06.06.2008 was further reconstituted replacing the two petitioners by respondent Nos.4 and 5.
It is evident from the pleadings on record that respondent Nos.4 and 5 have been inducted as Board of Directors of the Corporation in the same manner as the two petitioners were earlier inducted. Prima facie, no infirmity is discernible.
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However, since there is no representation on behalf of the petitioners, writ petition is
dismissed for non-prosecution.
JUDGE
Comparing Assistant
Bhabananda Deka
Dulu Das
State of Assam
Chakreswar Das
Taruni Das
Ujjal Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
