The Gauhati High Court dismissed a writ petition challenging a 2013 fishery settlement. The Court held that since the seven-year settlement term had expired, no cause of action survived, and the petition was closed.
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GAHC010264602013
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4631/2013
M/S BAMUNIGAON KOLONG PARIA MATSHYAJIBI SAMABAI SAMITY LTD. and ANR.
REP. BY ITS SECRETARY SRI HARESHWAR DAS, R/O VILL- BAMUNIA GAON RAHA, P.S. KAMPUR DIST. NAGAON, ASSAM.
2: SRI HARESWAR DAS
S/O HEMKANTA DAS SECRETARY BAMUNIAGAON KALONG PARIA MATSHYAJIBI SAMABAI SAMITY LTD.
R/O VILL- BAMUNIAGAON
RAHA
P.O. RAHA HARIMUKH DIST. NAGAON ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DEPUTY COMMISSIONER NAGAON DISTRICT PIN-
3:THE ADDITIONAL DEPUTY COMMISSIONER MEEN NAGAON DISTRICT NAGAON.
S/O SRI SUMANTA BISWAS R/O VILL- PALASHABARI P.O. TETELIKHARIA DIST. NAGAON ASSAM PIN- 782426
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Advocate for the Petitioner : MR.M J BARUAH
Advocate for the Respondent : FOR CAVEATOR
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 02-06-2022
Mr. M.J. Baruah, learned counsel for the petitioner has submitted that the petitioner has challenged an order of settlement dated 14.05.2013, whereby, the fishery named 23 [A] Barpani/Gabeel/Fakali Min Mahal, District–Nagaon [‘the Fishery’, for short] was settled in favour of the respondent no. 4 at its offered bid value of ₹ 3,65,551/- per annum, for a period of 7 [seven] years w.e.f. the date of delivery of possession of the Fishery to the respondent no. 4, subject to observance of all the formalities.
Mr. N. Goswami, learned Junior Government Advocate, Assam appearing for the respondent nos. 1, 2 & 3 has submitted that no interim order is operating in this case and pursuant to the order of settlement dated 14.05.2013, the possession of the Fishery was delivered to the settlement holder i.e. the respondent no. 4 society and since the term of settlement of the Fishery was 7 [seven] years, the said term has already expired. In the above view of the matter, there is no cause of action has survived in this writ petition.
I have gone through the prayers made in this writ petition and it is noticed that the petitioner has laid the challenge only in respect of the order of settlement dated 14.05.2013. Considering the fact that the term of settlement of 7 [seven] years has already expired, as submitted by the State counsel, it transpires that this writ petition does not have any surviving cause of action. In such view of the matter, this writ petition is closed.
JUDGE
Comparing Assistant
M/s Bamunigaon Kolong Paria Matshajibi Samabai Samity Ltd. and Anr.
The State of Assam and 3 Ors
Manish Choudhury
As recorded by the court registry
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