Pragatishil Atmasahayak Got Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

Pragatishil Atmasahayak Got Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both writ petitions disposed of: all orders permitting respondent No.5 to run the fishery (including the DFDO Dhemaji letter dated 31.05.2025 allowing running till 13.07.2025) set aside; respondents directed to immediately take over possession of the Chengajan Group Fishery and settle it regularly through issuance of an NIT, failing which consequences may follow against erring officials and respondent No.5.

Issue for consideration

Whether the extension/settlement of the Chengajan Group Fishery in favour of respondent No.5 beyond the expiry of the lease on 26.04.2020, effected through the orders dated 11.05.2020 and 22.01.2021, was valid. +1 more

Ratio / Principle

On perusing the judgment and order passed in WP(C) No.1174/2021, this court held that there was no ground for allowing respondent No.5 to run the fishery beyond the date of that judgment, inasmuch as the impugned order dated 22.01.2021 challenged in WP(C) No.903/2021 had been set aside.

Key takeaways

The respondents were directed to immediately take over possession of the Chengajan Group Fishery, Dhemaji from respondent No.5 and take steps for regular settlement of the same through issuance of an NIT; if they failed to take immediate possession, consequences for non-compliance of this order and the judgment in WP(C) No.1174/2021 could follow against the erring officials and respondent No.5.ratio¶47
Any order issued by the respondents allowing respondent No.5 to run the fishery, including the letter dated 31.05.2025 issued by the District Fishery Development Officer, Dhemaji, is hereby set aside.ratio¶48

Detailed headnote1 paragraphs

Gauhati High Court (Michael Zothankhuma, J.), order dated 03.06.2025 disposing of WP(C)/4419/2020 and linked WP(C)/903/2021 — Pragatishil Atmasahayak Got v. State of Assam & 4 Ors. Both petitions challenged continuation of the settlement of the Chengajan Group Fishery, Dhemaji in favour of respondent No.5 (M/S Gohaingaon Bahumukhi Mahila Samabai Samity Ltd.) beyond expiry of the lease on 26.04.2020 — via the Joint Secretary, Fishery Department's order dated 11.05.2020 (revenue @Rs.1,53,001/- per annum) and the Fishery Department's extension order dated 22.01.2021. Relying on the judgment and order dated 19.05.2022 in WP(C) No.1174/2021 — which had set aside the 22.01.2021 extension as being beyond the competence and jurisdiction of the authority and directed fresh settlement through tender under the Assam Fishery Rules, 1953 — this court held there was no ground for respondent No.5 to run the fishery beyond that judgment. It directed the respondents to immediately take over possession of the fishery and settle it regularly through issuance of an NIT, cautioned that non-compliance would attract consequences against erring officials and respondent No.5, and set aside all orders allowing respondent No.5 to run the fishery, including the District Fishery Development Officer, Dhemaji's letter dated 31.05.2025 permitting running till 13.07.2025.

Procedural history

How this case reached the court

AI extract

Order under challenge
Two orders challenged across the linked petitions: (i) order dated 11.05.2020 issued by the Joint Secretary to the Government of Assam, Fishery Department, requesting the Deputy Commissioner, Dhemaji to allow respondent No.5 (lessee) to run the Chengajan Group Fishery at existing revenue rate of Rs.1,53,001/- per annum (challenged in WP(C) No.4419/2020); and (ii) order dated 22.01.2021 issued by the Fishery Department extending settlement of the Chengajan Group Fishery in favour of respondent No.5 beyond lease validity of 26.04.2020 (challenged in WP(C) No.903/2021).¶35
Joint Secretary to the Government of Assam, Fishery Department / Fishery Department · 11.05.2020; 22.01.2021
Prior proceeding
Judgment and order dated 19.05.2022 in WP(C) No.1174/2021 (in which respondent No.5 was also a party) had already set aside the extension of the fishery lease given to respondent No.5 vide the impugned order dated 22.01.2021, after expiry of the lease period on 26.04.2020.¶38
Prior proceeding
Paras 16 & 19 of the judgment in WP(C) No.1174/2021 were reproduced before this court: the extension of lease after expiry of lease was held to be beyond the competence and jurisdiction of the authority, and the respondent State was directed to sale/settle the fishery through tender as per the Assam Fishery Rules, 1953 within four weeks.¶41
Prior proceeding
Letter eCF No. E-274672/53 dated 02.06.2025 submitted by counsel for respondent Nos.1 & 2, issued by the Commissioner & Secretary to the Government of Assam, Fishery Department, stating that the Government was contemplating immediate action for termination of the extension order of the fishery dated 22.01.2021, and that a separate order was being issued to the Deputy Commissioner, Dhemaji to take over physical possession of the fishery and act for regular settlement within a fixed timeline with issuance of NIT.¶42
Prior proceeding
Letter dated 31.05.2025 issued by the District Fishery Development Officer, Dhemaji to the Addl. District Commissioner (Fishery), Dhemaji, showing that respondent No.5 was to run the fishery till 13.07.2025; this letter was subsequently set aside by this court.¶45