High Court disposed of writ petition seeking extension of fishery lease by directing Assistant Fishery Development Officer to decide petitioner's representation regarding 30-day extension before bidding process. No merit examined.
Directed respondent AFDC to decide petitioner's representation on extension request after hearing parties.
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GAHC010061642022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2220/2022
PUNIRAM DAS
S/O- LATE BHUBAN CH. DAS, SECRETARY, KUMATIA SAMABAI SS LTD., DHEMAJI, R/O- VILL.- NANADI GOSAIBARI, P.O. NANADI, DIST. DHEMAJI, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-06.
2:DISTRICT FISHERY DEVELOPMENT OFFICER DHEMAJI ASSAM PIN- 787057.
3:THE DEPUTY COMMISSIONER DHEMAJI ASSAM PIN- 787057. 4:THE ADDITIONAL DEPUTY COMMISSIONER (FISHERY) DHEMAJI ASSAM PIN- 787057
Advocate for the Petitioner : MR A ALI
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
01.04.2022
Heard Mr. P K Roychoudhury, learned counsel for the petitioner and Ms. S Sarma, learned Government Advocate, Assam for the respondent Nos. 1, 2, 3 & 4. Also heard Mr. P Sharma, Standing counsel, AFDC for the respondent No. 5 and Mr. N Borah, learned counsel for the Caveator, Ghana Das, Executive Member, Kumatia Group Fishery Co-operative Society Limited.
By this petition the petitioner is seeking extension of Kumatia Group Fishery of respondent AFDC in the District of Dhemaji for a month (30 days) w.e.f. 01.04.2022 on completion of settlement of the said fishery with it on 31.03.2022.
The petitioner submitted its representation before the Departmental Minister on 21.03.2022 during the existence of lease of said Kumatia Group Fishery. The petitioner submitted that while its said representation is pending for consideration, the respondent AFDC in the meanwhile on 14.03.2022 issued Notice Inviting Tender No. 1/2022 for settlement of said Kumatia Group Fishery for a period of 7 years from the year 2022-2023.
As his said application for extension of the fishery in question is pending for consideration and the respondent AFDC is taking steps to complete the bid process relating to the said fishery, the petitioner has preferred this writ petition praying for a direction to the respondents to consider his said representation and to extend lease of the said fishery for a month.
When the matter was taken up yesterday (i.e. 31.03.2022), the respondent AFDC was directed to appraise the Court as to whether as on 31.03.2022 the petitioner was in possession of the fishery in question or not.
Today, Mr. P Sharma, learned Standing Counsel, AFDC placed the relevant records relating to its Kumatia Group Fishery of Dhubri District and also a communication of the Managing Director of AFDC dated 21.03.2022 relating to kist/revenue payable by the petitioner for the said fishery.
From the records of the AFDC relating to the said fishery placed before the Court, it is seen that Kumatia Fishery Samabai Samity Ltd (i.e. the petitioner’s society) is in possession of the said Kumatia Group Fishery of respondent AFDC since the year 2011. After completion of the said settlement period for 7 years w.e.f. 2011-12 to 2018-19, the settlement of the said fishery was
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extended with the petitioner for another period of 3 years from 2019-20 to 2021-22, i.e. up to 31.03.2022. In that regard the petitioner society and the respondent AFDC executed an agreement. Record also reveals that the representation of the petitioner dated 21.03.2022 submitted before the Departmental Minister seeking extension of one month time of the said fishery with it was forwarded to the respondent AFDC and the same has been put up before the authorities in the AFDC for necessary consideration.
From the said communication dated 21.03.2022 of the Managing Director of AFDC placed before the Court, it is seen that the petitioner is yet to deposit an amount of Rs. 5,24,196/- up to 21.03.2022 pertaining to Kist/ revenue for the said Kumatia Group Fishery.
From the representation filed by the petitioner dated 21.03.2022 annexed to this petition, it is seen that the petitioner’s society is seeking time for another period of one month w.e.f., 01.04.2022 only to repay the dues for the said fishery payable to the respondent AFDC.
Mr. Borah, learned counsel for the Caveator, placed before the Court that the members of the Kumatia Fishery Samabai Samity Ltd submitted complaint before the respondent AFDC, Departmental Minister and other authorities concerned relating to illegal action adopted by the petitioner and on its failure to deposit the revenue of the said fishery. However, no such complaint was found in the record against the petitioner.
Since the matter relates to extension of settlement of the Kumatia Group Fishery with the petitioner for a month (30 days) only from 01.04.2022 and where the representation of the petitioner is pending for consideration before the respondent AFDC, this writ petition is disposed of at the motion stage itself, without entering into the merit of the case, directing the respondent AFDC to decide the said representation of the petitioner regarding the extension of period for settlement of its Kumatia Group Fishery for another 30 days i.e., from 01.04.2022 to 30.04.2022 with the petitioner after considering the materials available in the record, giving an opportunity of hearing to both the petitioner and the Caveator, named above, and in accordance with law. Respondent AFDC shall dispose of said representation of the petitioner dated 21.03.2022, noted above, prior to settlement of the said fishery in terms of the impugned Notice Inviting Tender No. 1/2022 dated 14.03.2022 issued by the Managing Director, AFDC.
With the above observation and direction, this writ petition stands disposed of.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner society entitled to extension of fishery settlement period despite pending representation.
Puniram Das
State of Assam
District Fishery Development Officer Dhemaji Assam
The Deputy Commissioner Dhemaji Assam
Additional Deputy Commissioner (Fishery) Dhemaji Assam
Ghana Das
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
