Interim application in a writ petition concerning settlement of a fishery for seven years from 02.08.2011. With no petitioner appearing on call and the settled period long over, the court found no live cause of action and dismissed both the IA and the writ petition for non-prosecution.
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GAHC010277712018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/4254/2018 In WP(C)/8386/2018
SAMITI DAS
W/O SHRI PHANIDAR DAS, SECRETARY, GOHAINGAON BAHUMUKHI MAHILA SAMABAI SAMITTEE LTD., DHEMAJI, R/O VILL- BAMGAON, P.O.GOHAIGAON, DIST-DHEMAJI, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-6
2:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-6
3:THE DISTRICT FISHERY DEVELOPMENT OFFICER DHEMAJI ASSAM PIN-787057
4:THE DEPUTY COMMISSIONER DHEMAJI ASSAM PIN-78705
Advocate for the Petitioner : MR A ALI,
Advocate for the Respondent : GA, ASSAM,
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Linked Case : WP(C)/8386/2018 SAMITI DAS W/O- SHRI PHANIDHAR DAS SECY. GOHAINGAON BAHUMUKHI MAHILA SAMABAI SAMITTEE LTD. DHEMAJI R/O- VILL- BAMGAON PO GOHAINGAON DIST- DHEMAJI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR GHY-6 2:THE ADDL. SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR GHY-6 3:THE DISTRICT FISHERY DEVELOPMENT OFFICER DHEMAJI ASSAM PIN- 787057 4:THE DY. COMMISSIONER DHEMAJI ASSAM PIN- 787057 -----------Advocate for : MR A ALI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
02-09-2024
None appears for the petitioner on call whereas Shri M. Chetia, learned Standing Counsel is present.
The subject matter pertains to the settlement of a fishery for a period of 7 years which was to be from 02.08.2011. That period is over long back.
In the opinion of this Court, there is no live cause of action.
Be that as it may, without expressing any further opinion on the merit, the IA as well as the writ petition is dismissed for non-prosecution.
JUDGE
Comparing Assistant
Samiti Das
The State of Assam represented by the Commissioner and Secretary to the Government of Assam, Fishery Department
The Additional Secretary to the Government of Assam, Fishery Department
The District Fishery Development Officer, Dhemaji
The Deputy Commissioner, Dhemaji
Sanjay Kumar Medhi
As recorded by the court registry
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