Page No.# 1/5 GAHC010136992022 2025:GAU-AS:9212 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4588/2022 NRIPEN MEDHI S/O- LATE BHOGEN MEDHI, VILL.- JUGUKUCHI, P.O. AND P.S. SONAPUR, DIST. KAMRUP(M) VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY FISHERY DEPTT., GOVT. OF ASSAM 2:THE DIRECTORATE OF FISHERIES MEEN-BHAWAN GOPINATH NAGAR GUWAHATI-16. 3:DEPUTY COMMISSIONER KAMRUP(M) GHY-01. 4:THE DISTRICT FISHERY DEVELOPMENT OFFICER KAMRUP(M) GHY-6. 5:M/S. ANUH INFRA BELTOLA GUWAHATI-781028 OWNER OF ANUH INFRA - SRI PRANABJYOTI HAINARY SON OF PREM NATH HAINARY RESIDENT OF GAME VILLAGE Page No.# 2/5 BASISTHA GUWAHATI-781029 DISTRICT- KAMRUP(M) ASSAM B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) :Mr. B Khakhlary Advocates for the respondent(s) :Ms. U Das Additional Senior Govt. Advocate, Assam Date of hearing & judgment :16.07.2025 JUDGMENT & ORDER(ORAL) Heard Mr. B Khakhlary, the learned counsel appearing on behalf of the petitioner. Ms. U Das, the learned Additional Senior Government Advocate, Assam, who appears on behalf of the respondent Nos.1, 2, 3 and 4. 2. The petitioner herein has approached this Court challenging the notice- cum-order dated 29.06.2022 issued by the District Fishery Development Officer, Kamrup(M), whereby the petitioner was directed to evacuate the premises within 5(five) days from the date of receipt of notice, failing which, the said Page No.# 3/5 officer informed the petitioner that legal action against the petitioner would be taken. 3. The entire edifice of the petitioner’s case is that the petitioner is a lessee of Sonapur Fish Seed Farm in Dimoria Block and was issued a lease by the order of the Deputy Commissioner, Kamrup(M) dated 23.10.2013 for an indefinite period against which a certificate dated 04.12.2014 was issued by the District Fishery Development Officer, Kamrup(M) Guwahati. The petitioner’s grievance is that the respondent No.4 had issued the impugned notice-cum-order dated 29.06.2022, whereby it was informed that the petitioner was illegally residing in the premises of the Sonapur Fish Seed Farm under the Department of Fisheries, Kamrup even after undertaking eviction drive by the Circle Officer, Sonapur Revenue Circle on 28.07.2017. The petitioner was asked to evacuate the premises within 5(five) days failing which legal action would be taken. 4. The record reveals that this Court vide the order dated 02.09.2022, issued notice. However, for the ends of justice, this Court directed that status-quo be maintained as regards the fishery, in question, till the next date. The interim order thereupon had been continued from time to time. 5. Ms. U Das, the learned counsel appearing on behalf of the respondents drew the attention of this Court to the affidavit-in-opposition filed by the respondent No.4 on 24.08.2022 and stated that the petitioner was not the lessee of the Sonapur Fish Seed Farm, inasmuch as, there was no lease so executed in his favour. She further submitted that the farm was initially leased Page No.# 4/5 out to one Bharat Das vide the agreement dated 23.07.2013 for a period of 5(five) years and later on he surrendered the lease agreement on 20.08.2014. It was further mentioned that the basis on which the petitioner claimed that the then CEO FFDA and DFDO, Kamrup had certified that the petitioner can hold the Farm for a long term citing approval of the Deputy Commissioner, Kamrup (M) is fake and no official correspondences were made on that matter. It was also mentioned that the settlement was given by one Hitendra Duwara was on his personal interest and no approval was there from the Chairman-cum-Deputy Commissioner, Kamrup(M) as stated in the said certificate. 6. This Court has further perused the basis on which the petitioner claims to have a long term lease over the Sonapur Fish Seed Farm. In the opinion of this Court, the said document under no circumstance can be said to be an official document granting lease. The said document on the face of it appears to be a certificate issued in the letter head of one Hitendra Duwara and the State Largesse in the opinion of this Court cannot be distributed in that manner. In such circumstances, the petitioner cannot claim any right to remain in possession over the Sonapur Fish Seed Farm. 7. Accordingly this Court finds no ground to interfere with the impugned communication dated 29.06.2022 issued by the respondent No.4. 8. This Court, accordingly, dismisses the instant writ petition. Page No.# 5/5 9. The interim order passed on 02.09.2022 stands vacated. JUDGE Comparing Assistant