The Gauhati High Court allowed an interlocutory application seeking to implead a new incumbent, M/s Karha Fishery Samabay Samity Limited, as a respondent in a writ petition regarding the settlement of fishery process.
M/s Karha Fishery Samabay Samity Limited impleaded as Respondent No. 6.
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GAHC010129312022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1938/2022 In WP(C) No. 1599/2022
M/S MARAJAN MEEN PALAN ATMA SAHAYAK GOT
A SELF HELP GROUP HAVING ITS OFFICE AT BAMGAON, DHEMAJI, ASSAM, REPRESENTED BY ITS PRESIDENT, SHRI PABITRA SAIKIA, AGED ABOUT 51 YEARS, S/O LATE MURULI SAIKIA, RESIDENT OF BAMGAON, P.O.-GOHAIGAON, P.S.-DHEMAJI, DISTRICT DHEMAJI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-781006
GUWHAATI-781006
DHAKUAKHANA, LAKHIMPUR, ASSAM
5:KARHAPARIYA ANCHALIK KOIBARTA SURAKHYA SAMITY REPRESENTED BY ITS SECRETARY SHRI CHITRA DAS, S/O CHANDA DAS BATAMARI, GHILAMARA P.O. AND P.S.-GHILAMARA SUB-DIVISION- DHAKUAWAKHANA DIST- LAKHIMPUR, PIN-787053, ASSAM.
Advocate for the Petitioner : MR. S BANIK Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
17-08-2022
Heard Shri S. Banik, learned counsel for the applicant/writ petitioner who by means of this Interlocutory application has sought to implead a new incumbent as respondent No. 5.
The learned counsel for the applicant submits that the subject matter of the writ petition was a process of settlement of fishery. The contention advanced was that the minimum period of publication of notice till the date of settlement was not followed.
The learned counsel however submits that in the mean time, the new incumbent who is sought to be impleaded has been granted settlement of the fishery in question requiring impleadment of the said incumbent as any orders passed in this proceeding would affect the rights and interest of the said incumbent.
After hearing the parties, this Court is of the opinion that the instant Interlocutory application deserves to be allowed.
Accordingly, Interlocutory application stands allowed and M/s Karha Fishery Samabay Samity Limited, Batamari, Dhakuakhana, District-Lakhimpur, Assam be impleaded as respondent No. 6.
Learned counsel for the applicant shall furnish the further details of the postal address.
Interlocutory application accordingly stands allowed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the impleadment of the new incumbent granted the settlement of the fishery is warranted.
M/s Marajan Meen Palan Atma Sahayak Got
State of Assam
Secretary to the Government of Assam, Fishery Department
Deputy Secretary to the Government of Assam, Fishery Department
Deputy Commissioner Lakhimpur
Sub-Divisional Officer Dhakuakhana
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
