Page No.# 1/4 GAHC010134082025 2025:GAU-AS:8664 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3612/2025 ANIL DAS S/O SRI DULESWAR DAS R/O VILL- SANATAN GAON P.O.AND P.S. NORTH LAKHIMPUR, DIST. LAKHIMPUR, ASSAM, PIN-787001. VERSUS THE STATE OF ASSAM AND 6 ORS. REP BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-6. 3:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED CACHAL VIP ROAD GUWAHATI-36. 4:THE DIRECTOR OF FISHERY ASSAM MEEN BHAWAN GUWAHATI-16. 5:THE DISTRICT COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR DIST. LAKHIMPUR Page No.# 2/4 ASSAM PIN-787001. 6:THE DISTRICT FISHERIES DEVELOPMENT OFFICER LAKHIMPUR DIST. LAKHIMPUR ASSAM PIN-787001. 7:THE CIRCLE OFFICER SUBANSIRI REVENUE CIRCLE GHILAMARA DIST. LAKHIMPUR ASSAM PIN-787053 Advocate for the Petitioner : MR. N BORAH, S K LAHAN,MR M.J. BHARALI Advocate for the Respondent : GA, ASSAM, G. R. SINGHA,SC, FISHERY,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 26-06-2025 Heard Mr. N Borah, learned counsel for the petitioner, who submits that the Bolahi Champara Meen Mahal in Lakhimpur district has been settled with the petitioner, vide order dated 23.08.2022, for a period of 7 (seven) years. The Meen Mahal was handed over to the petitioner on 21.10.2022. 2. The petitioner’s counsel submits that the petitioner had earlier filed WP(C) 603/2023, praying for a direction to the respondents, to waive the payment of Government revenue for the month of October and November, 2022, as the possession of the Meen Mahal had been handed over to the petitioner on 21.10.2022. WP(C) 603/2023 was disposed of, vide order dated 06.02.2023, by directing the Managing Director, Assam Fishery Development Corporation Page No.# 3/4 Limited (AFDC) to dispose of the petitioner’s representation by passing a speaking order, on the question of payment of Government revenue. 3. The petitioner’s counsel submits that the issue sought to be raised by the petitioner at this juncture is with regard to the silting of the petitioner’s fishery, which has an area of 214 acres. He submits that 85 hectares out of 214 acres have been silted over, thereby prohibiting the petitioner from doing any fishing in the silted area. 4. The petitioner’s counsel submits that as per the verification report made by the Fishery Development Officer, Ghilamara Development Block, Lakhimpur almost 85 hectares of the water area of the Bolahi Champara river has been filled with sand deposits, out of the 214 hectares that had been settled with the petitioner. Further, the enquiry conducted by the Circle Officer, Subansiri Revenue Circle, which had been forwarded to the District Commissioner, Lakhimpur, vide letter dated 10.02.2025, was also to the same effect. 5. The petitioner’s counsel submits that the petitioner has submitted a representation dated 04.06.2025 to the Managing Director, AFDC, to consider the silting of the 85 hectares of the petitioner’s fishery and has accordingly prayed that the respondent authorities should re-determine the kist money payable by the petitioner. 6. The petitioner’s counsel submits that the writ petition can be disposed of, if a direction is issued to the Managing Director, AFDC, to take a decision on the petitioner’s representation dated 04.06.2025 within a specified time period. Page No.# 4/4 7. Mr. P Sharma, learned counsel for the AFDC and Mr. G Bokalial, learned counsel for the respondent Nos. 1, 5 & 7 submit that they have got no objection to the prayer made by the counsel for the petitioner. 8. In view of the fact that the issue raised by the petitioner is a factual issue that has to be determined on the basis of facts and as there is consensus amongst the parties that the matter can be decided by the Managing Director, AFDC, the Managing Director is directed to take a decision on the petitioner’s representation dated 04.06.2025, within a period of 1 (one) month from the date of receipt of a certified copy of this order along with a copy of the petition. 9. The Managing Director, AFDC should make his decision, after giving an opportunity of hearing to the petitioner. 10. The writ petition is disposed of accordingly. JUDGE Comparing Assistant