Page No.# 1/12 GAHC010176382018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5562/2018 ISLAM UDDIN AND 28 ORS. S/O. LT. KOKHAI MIA, VILL. BALIRBOND, P.O. BRAJENDRAPUR, DIST. KARIMGANJ, ASSAM-788156. 2: TAIMUR RAHMAN S/O. LT. KOKAI MIA VILL. BALIRBOND P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 3: DILWAR HUSSAIN S/O. LT. DUYAR ALI VILL. TULAKUNA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 4: ABDUL JALIL S/O. LT. MOKAI MIYA VILL. BALIBOND P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 5: SAMAR UDDIN S/O. LT. BASIR ALI VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 6: PIYAR ALI Page No.# 2/12 S/O. LT. SIKANDAR ALI VILL. BALIRBOND P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 7: KABIR MIYA S/O. LT. RAHMAT ALI VILL. RONGPUR P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 8: KAALAI MIYA S/O. LT. JUWAID ALI VILL. BALIRBOND P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 9: SIRAJ UDDIN S/O. LT. AKAI MIYA VILL. TULAKONA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 10: NEWAR ALI S/O. LT. ALMAS ALI VILL. BALIRBOND P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 11: ARJID ALI S/O. LT. KALA MIYA VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 12: ACHAR UDDIN S/O. LT. DALOI MIYA VILL. BALIRBOND P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. Page No.# 3/12 13: SARAB ALI S/O. LT. BASIR ALI VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 14: SUNAM UDDIN S/O. LT. AKADDAS ALI VILL. BALIRBOND P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 15: ABDUS SALAM S/O. LT. ABDUS SUKKUR VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 16: FIRUZ ALI S/O. LT. YAFAR ALI VILL. TULAKUNA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 17: ABDUL KARIM S/O. LT. KAKAI MIYA VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 18: SATTAR ALI S/O. LT. MUJAI MIYA VILL. RONGPUR P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 19: KHALIL AHMED S/O. LT. JAFIR ALI VILL. TULAKUNA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. Page No.# 4/12 20: JAMIR ALI S/O. LATE ABDUL GONI VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 21: ABDUL JALIL S/O. LT. ABDUS SUKKUR VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 22: ABDUL JABBAR S/O. LT. TAIR ALI VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 23: MAKTAR ALI S/O. LT. KATAI MIYA VILL. BALIRBOND P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 24: AFTAR ALI S/O. AZIR ALI VILL. RONGPUR P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 25: ABDUL MALIK S/O. LT. MEKHAI MIYA VILL. RONGPUR P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 26: KHALIL AHMED S/O. LT. MOTASIN ALI VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ Page No.# 5/12 ASSAM-788156. 27: AZIR UDDIN S/O. LT. SIDDIQUE ALI VILL. SINGUWA P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 28: AZIZUL MIYA S/O. LT. AKBAR ALI VILL. RONGPUR P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156. 29: ANSAR ALI S/O. LT. SOID ALI VILL. RONGPUR P.O. BRAJENDRAPUR DIST. KARIMGANJ ASSAM-788156 VERSUS THE STATE OF ASSAM AND 7 ORS. REP. BY SECRETARY TO THE GOVT. OF ASSAM, COOPERATION DEPTT., DISPUR, GHY.-06. 2:THE REGISTRAR OF CO-OPERATIVE SOCIETIES ASSAM KHANAPARA GHY.-22. 3:THE ZONAL JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CACHAR KARIMGANJ HAILAKANDI SILCHAR ASSAM-788001. 4:THE DY. COMMISSIONER KARIMGANJ P.O. DIST. KARUMGANJ-788710. 5:THE DIST. DY. REGISTRAR OF THE CO-OPERATIVE SOCIETIES Page No.# 6/12 KARIMGANJ P.O. DIST. KARIMGANJ-788710. 6:THE ASSTT. REGISTRAR OF CO-OPERATIVE SOCIETIES R.K. NAGAR P.O. R.K. NAGAR DIST. KARIMGANJ ASSAM-788166. 7:THE SONBEEL FISHERMEN CO-OPERATIVE SOCIETY LTD. REP. BY ITS SECRETARY WITH ITS OFFICE AT KALIBARI BAZAR P.O. ANILGARH DIST. KARIMGANJ-788156 Advocate for the Petitioner : MR. A R TALUKDAR, MR. A T M HUSSAIN Advocate for the Respondent : GA, ASSAM, M. HOSSAIN (R-7),MR. S ROY (R-7),MR. M H LASKAR (R-7),SC, CO OP B E F O R E HON'BLE MR. JUSTICE SANJAY KUMAR MEDHI Advocate for the petitioners : Shri A.R. Talukdar, Advocate. Advocates for the respondents : Shri S.S. Roy, Advocate; Shri S.K. Talukdar, SC, Co. Deptt.; Shri M.H. Laskar, Advocate; R/7. Date on which judgment is : NA Reserved. Date of pronouncement of : 09.03.2026. Judgment. Whether the pronouncement : NA. Page No.# 7/12 is of the operative part of the judgment? Whether the full judgment : Yes. has been pronounced? JUDGMENT & ORDER (Oral) Heard Shri A.R. Talukdar, learned counsel for the petitioners. Also heard Shri S.S. Roy, learned State Counsel, Assam; Shri S.K. Talukdar, learned Standing Counsel, Cooperation Department, Assam and Shri M.H. Laskar, learned counsel for the respondent no. 7. 2. Considering the subject matter involved and also the aspect that the same is pending since the year 2018, the writ petition is taken up for disposal at the admission stage. 3. The relief prayed for in this petition is as follows: “Under the above facts and circumstances it is, therefore, prayed that your Lordships' would be pleased to admit this petition, call for the records, issue a Rule calling upon the respondents to show cause as to why: A) a writ in the nature of Mandamus/ Certiorari, or any other writ, order or direction shall not be issued directing all the respondents to withdraw their impugned notifications (Annexure 2, 3, 4, 5, & 6) and all other follow-up action, detrimental to petitioners and their community members, taken by departmental authorities pursuant to the aforesaid notifications. Page No.# 8/12 (B) Directing respondents to give back right to membership to the petitioners and similar other OBC (Maimal) community persons in Sonbeel Fishermen Co-operative Society Ltd., Karimganj with right to vote in the election of Board of Directors of the society, to get elected as members in the Board of Directors of the aforesaid society, right to fishing in Sonbeel and other fishing water areas managed by Sonbeel Fishermen Co-operative Society Ltd., Karimganj. (C) Directing the respondents to issue Photo Identity Cards to the petitioners and similar members of their OBC (Maimal) community as fishermen and with right to fishing in Sonbeel and other fishing water areas managed by Sonbeel Fishermen Co-operative Society Ltd., Karimganj at per with SC members of the society and after hearing the parties and on perusal of records make the Rule absolute and pass such other order / orders as Your Lordships may deem fit and proper. In the interim, Your Lordships may be pleased to direct the respondents, particularly respondent No.2, Registrar, Cooperative Societies, Assam, Khanapara, Guwahati-22 to dispose of the representation (Annexure-8) submitted by the petitioners and others in the interest of justice. -AND- Further, in the interim, the respondents may kindly be directed not to issue Photo Identity Cards to SC Fishermen Members of the society excluding the petitioners and their community members until disposal of the case. And further the respondents may be directed not to take any coercive action against petitioners and their community members, such as prohibiting them from fishing in Sonbeen, other fishing beels, marshylands, hawars, rivers and other fishing water places in and around Sonbeel which are Page No.# 9/12 managed by Sonbeel Fishermen Co-operative Society Ltd., Karimganj until further orders. And further election to Board of Directors of Sonbeel Fishermen Co-operative Society Ltd. Karimganj may kindly be stopped until disposal of the case. ” 4. As per the facts projected, the petitioners, who are 29 in numbers belonging to the Maimal Community and are the residents of Brajendrapur in the district of Karimganj. They, along with some other persons had constituted Sonbeel Fishermen Cooperative Society Ltd., Karimganj (Society) in the year 1975 and the said Society was also registered. The Society was functioning smoothly which was being run by the elected Board of Directors. The grievance of the petitioners is with regard to a direction dated 31.03.2008 issued by the Joint Registrar of Cooperative Societies (G), Assam to take steps to omit non-Scheduled Caste members from the Fishermen Cooperative Society and also a subsequent communication dated 01.04.2008 issued by the Assistant Registrar of Cooperative Societies, Silchar to omit such names. 5. Shri Talukdar, learned counsel for the petitioners, by referring to the Assam Fishery Rules, 1953 (Rules), has submitted that Maimal Community is statutorily recognized as a part of the Fishermen Community. In this regard, he has drawn the attention of this Court to Rule 5(2) and Rule 12 of the Rules. He has submitted that the Maimal Community cannot be treated to be at par with any other OBC of other places. He has submitted that there is non-application of mind while issuing the aforesaid impugned orders. 6. Both Shri Roy, learned State Counsel and Shri Talukdar, learned Standing Counsel, Cooperation Department have fairly submitted that the intention was only with regard to giving the benefit to the actual fishermen and not to the persons belonging to OBC. They, however, submit that the statute in question, indeed treats Page No.# 10/12 the Maimal Community of erstwhile Cachar district to be at par with the fishermen belonging to S.C. Community. Shri Laskar, learned counsel for the respondent no. 7 has submitted that the Secretary of the Society has simply followed the direction of the respondent authorities. 7. The rival submissions have been duly considered and the materials on record carefully examined. 8. The Assam Fishery Rules, 1953 clearly includes the Maimal Community of Cachar as belonging to the Fishermen Community. There is a specific reference in this regard in Rule 5(2) and Rule 12 which reads as follows: “5. “(2) Conditions of Sale of Fisheries.- (a) Any tenders including Co- operative Societies formed by Communities other than members of actual fishermen belonging to Scheduled Caste or members of Maimal Community of the District of Cachar shall, immediately after the acceptance of their tenders, furnish in cash, as security a sum equal to twenty-five percent of revenue of the fishery for the first year of the full term of settlement. (b) Provided that Fisheries Co-operative Societies with 100 percent share- holder from members of actual fishermen belonging to Schedules Caste of the State or Maimal Community of the District of Cachar and registered under the Assam Cooperative Societies Act, 1949, shall, immediately on acceptance of their tenders, be entitled to deposit a sum as such security equal to ten percent of the revenue of the fisheries settled with them for the first year of the full term of settlement. If any tenderer or tenderers referred to in sub-rules (a) and (b) above, fails/fail to furnish the security as laid down above the fisheries shall be re- sold at his or their risk forthwith and he or they be bound to make good the difference between his or their tenders and the amount realised at the Page No.# 11/12 subsequent sale, calculated on the whole period of settlement.” “12. Except those referred to in sub-rule No 8(b) above, all registered Fisheries shall be settled under tender system of sale in place of sale auction:” "Provided that the Government shall settle a 60% category fishery with special category of co-operative Societies, Non-Government Organisations and Self Help Groups consisting of 100% actual fishermen in the neighbourhood of the fishery concerned by the Tender System." Explanation 1 :- For the purpose of this rule, the words 'special category" means and includes the Co-operative Societies, Self-Help Groups, Non-Governmental Organisations comprising of 100% actual fishermen of the Scheduled caste community or Maimal community of erstwhile Cachar district, who can not participate in competitive bidding because of poor financial condition due to famine, flood, draught, epidemic of any other circumstances which are beyond control of the society, non-Governmental Organisation or Self Help Groups as the case may be; Explanation 2 :- For the purpose of this rule "a 60% category fishery” means 60% of registered fisheries available in a Civil Sub-Division eligible for settlement in a particular year."” 9. The objective behind the statute is very clear so as to include the Maimal Community for the benefit to be given to the actual fishermen belonging to Scheduled Caste community. The impugned orders dated 31.03.2008 and 01.04.2008 do not appear to have taken into consideration the objective of the Rules whereby the Maimal community of the Cachar district is to be treated at par with the actual fishermen belonging to the S.C. community. 10. In view of the aforesaid discussion, this Court is of the opinion that the Page No.# 12/12 impugned decision, as conveyed vide the orders dated 31.03.2008 and 01.04.2008, is unsustainable in law and accordingly the same are set aside. Consequently, it is directed that the names of the petitioners be recast in the Cooperative Society. However, before such recast, the verification exercise be done with regard to the fact as to whether the petitioners belong to the Maimal community. The said verification be conducted expeditiously and preferably within a period of a month from today. 11. The writ petition stands allowed in the manner indicated above. JUDGE Comparing Assistant