Page No.# 1/4 GAHC010236752024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./214/2024 THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD BIMALA PRASAD CHALIHA ROAD, CHACHAL, VIP ROAD, GHY-36 VERSUS BASU DEV BISWAS AND 6 ORS S/O- LT. SWARUP BISWAS, VILL- BORUNGURI, P.O. LAO PANI, P.S. KATCHUWA, DIST.- NAGAON, ASSAM, PIN- 7822624 2:PAWAN HAZARIKA S/O- LT. DINA NATH HAZARIKA VILL AND P.O. TETELISORA P.S. KAMPUR DIST.- NAGAON ASSAM PIN- 782624 3:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI 06 4:THE DIRECTOR OF FISHERIES ASSAM MEEN BHAWAN GOPINATH NAGAR GHY-16 ASSAM 5:THE ADDL. SECY. TO THE GOVT. OF ASSAM FISHERY DEPTT. Page No.# 2/4 DISPUR GHY-06 6:THE DY. COMMISSIONER NAGAON DIST.- NAGAON ASSAM PIN- 782001 7:THE ADDL. DY. COMMISSIONER (MEEN) NAGAON DIST.- NAGAON ASSAM PIN- 78200 Advocate for the Petitioner : MR P SHARMAH, Advocate for the Respondent : , MR. H ALI BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 10.02.2025 1. Heard Mr. P. Sharmah, learned counsel for the petitioner. Also heard Mr. H. Ali, learned counsel for the respondent no.1. 2. Mr. P. Sharma, learned counsel for the petitioner submits that by filing this review petition, the petitioner seeks review of the judgment and order dated 31.05.2024 passed by this Court in WP(C) 3454/2020, in view of certain developments in the matter. The learned counsel has drawn the attention of this Court to the directions passed by this Court in paragraph-18 the said judgment which is abstracted hereunder : “[18.] In the result, the respondent No. 2 Corporation is directed to undertake Page No.# 3/4 the said exercise as already stated in the preceding paragraph No. 16 within a period of four (4) weeks from the date of receipt of a certified copy of this Order in accordance with law and thereafter settle the Beel to either of the parties in terms of the decision taken. It is also provided herein that settlement made would be for the remaining term of the original period of seven (7) years starting from the financial year 2020-2021.” 3. Referring to the said directions, the learned counsel submits that a report has been received on the re-examination of the settlement issued for Lao Pani Meen Mahal, Nagaon District, by the Committee on 12.09.2024. The said report is critical and directly effects the outcome of the case, since it presents a thorough evaluation of the submissions by all bidders and highlights the discrepancies in the submissions, which was unknown to the petitioners at the time of hearing of the writ petition. He therefore submits that the findings of the report could potentially alter the judgment of this Court in the matter. To substantiate his submission, the learned counsel refers the ground no.(b) of the review petition. 4. It may be seen that the judgment was rendered by this Court on 31.05.2024 and the report on the reexamination of the settlement issued of Lao Pani Meen Mahal, Nagaon District was made on 12.09.2024. Therefore, the said report not being in existence as on the date of the judgment passed by this Court, the same in the considered view of this Court cannot be a ground for seeking review of the judgment and order of this Court. 5. It is a well settled principle of law that review of an order would be maintainable on three grounds. Firstly, on account of an error apparent on the Page No.# 4/4 face of the record, secondly, when the party concerned despite due diligence was unable to bring to the notice of the Court, the facts which was prevailing at that time and lastly, for any other reason. In the instant case, this Court finds that the grounds taken by the petitioner does not qualify any of the circumstances under which review of the judgment and order passed earlier, should be re-visited. 6. Accordingly, this Court finds no merit in the review petition and the same is dismissed. JUDGE Comparing Assistant