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2025 DAILYLAW 18763 (GAU)

JAGADISH MONDAL v. THE STATE OF ASSAM AND 3 ORS

WP(C)/5249/2025 · 2025-09-07

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010199902025 2025:GAU-AS:12198 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5249/2025 JAGADISH MONDAL MAHALDAR, SHUKDAL MEEN MAHAL, S/O- LATE HEMANTA KUMAR MONDAL, VILL.- SUKUTIPUTA HABI, P.O. KOROTIPAM, P.S. AND DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006. 2:THE ASSAM FISHERIES CORPORATION LTD. REPRESENTED BY THE MANAGING DIRECTOR CHACHAL VIP ROAD GUWAHATI PIN- 781036. 3:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. CHACHAL VIP ROAD GUWAHATI PIN- 781036. 4:THE GENERAL MANAGER ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. CHACHAL VIP ROAD GUWAHATI PIN- 781036 Page No.# 2/3 Advocate for the petitioner(s): Mr. MK Hussain Advocate for the respondent(s): Mr. P Sarmah, Standing Counsel Fishery Department, Govt. of Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 08.09.2025 Heard Mr. MK Hussain, the learned counsel appearing on behalf of the petitioner. Mr. P Sarmah, the learned Standing Counsel who appears on behalf of the Fishery Department, Govt. of Assam. 2. The instant writ petition has been filed by the petitioner being aggrieved by the non-consideration of the representation submitted by the petitioner on 02.07.2025. 3. This Court duly takes note of that the grievance of the petitioner is that the petitioner could not run the Meen Mahal for 265 days during the period 2023-24 as the Meen Mahal was handed over to the petitioner on 22.11.2023 instead of 01.04.2023. 4. Mr. P Sarmah, the learned Standing Counsel, Fishery Department, however, submitted that the petitioner has been given the settlement for the period from 01.04.2023 to 31.03.2030. 5. This Court disposes of the present writ petition directing the respondent No.3 to consider the case of the petitioner as per the extant law as to whether Page No.# 3/3 the petitioner ought to be granted remission for that period when the petitioner was not handed over the possession. The same shall be done within a period of 6(six) months from the date a certified copy of the instant order is submitted to the respondent No.3. 6. Writ petition, accordingly stands disposed of. JUDGE Comparing Assistant