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2025 DAILYLAW 20375 (GAU)

M/S SAIKHOWA SADIYA MEEN SAMABAI SAMITI LTD v. YADAV PEGU AND ANR

Cont.Cas(C)/577/2024 · 2025-04-03

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010229862024 2025:GAU-AS:4095 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/577/2024 M/S SAIKHOWA SADIYA MEEN SAMABAI SAMITI LTD A REGISTERED FISHERY CO-OPERATIVE SOCIETY, HAVING ITS REGISTERED OFFICE AT HATIGHULI, DHOLA, DIST. TINSUKIA, ASSAM, REPRESENTED BY ITS SECRETARY SRI MAINA BISWAS. VERSUS YADAV PEGU AND ANR THE PRINCIPAL SECRETARY, MISSING AUTONOMOUS COUNCIL, GOGAMUKH, DHEMAJI, ASSAM, PIN- 787034. 2:DHARMANANDA PEGU C/O- PARAMA PEGU VILLAGE- LAKHINI MUKTIAR PS SILAPATHAR DIST. DHEMAJI ASSAM PIN- 878059 Advocate for the Petitioner : MR. M DUTTA, MS S DEV,L DEKA Advocate for the Respondent : MR S BORTHAKUR (R-1), MR. D GOGOI(R-1) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 04-04-2025 1. This Court under its judgment and order dated 20.08.2024 passed in WP(C) No. 3065/2024 held that Missing Autonomous Council (MAC) does not have any authority to settle any fishery or natural water bodies which are within the State of Assam and also within the MAC area. 2. In view of the aforesaid determination, WP(C) No. 4844/2024, which relates to settlement of Kedi Nala to Sunari Ghat Meen Mahal with the respondent No.5 therein/respondent No.2 herein was held to be unsustainable. 3. Alleging violation of such order, the petitioner contends that even after such determination, the fishery is operated to be run by the settlement holder in whose favour, the settlement was granted by the MAC. 4. The learned counsel for the respondents/contemnors submits that by order under No. MAC/Corr./HC/97/2018 dated 22.11.2024, all the settlement orders issued in favour of the different lessees for the year 2024-2026, have been cancelled and all lessees of such mahals are directed not to carry out further fishing activities. 5. In view of the aforesaid, nothing survives to be adjudicated in this petition. Page No.# 3/3 6. Learned counsel for the petitioner submits that inspite of such direction, the settlement holders with whom the fishery was settled by the MAC, are still fishing. 7. In the considered opinion of this Court, such grievance cannot be determined in this petition. However, the petitioner shall always be at liberty to approach the appropriate forum. 8. Copy of the order dated 22.11.2024 along with the annexures, be kept on record and marked as document- X. 9. With the above, this contempt petition stands disposed of. JUDGE Comparing Assistant