Page No.# 1/3 GAHC010271942023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7041/2023 SANJIB KUMAR DAS SON OF SRI HIRENDRA DAS, RESIDENT OF VILLAGE- PAGHALI, P.S. SAMAGURI, P.O. MOIRABARI, DISTRICT- NAGAON, ASSAM, PIN- 782140 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI- 06 2:THE MANAGING DIRECTOR THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED VIP ROAD MAHAPURUSH MADHABDEV PATH CHACHAL BORBARI GUWAHATI-36 3:THE DISTRICT COMMISSIONER NAGAON DISTRICT NAGAON ASSAM 4:THE BEEL MANAGER MIDDLE ASSAM DIVISION THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED NAGAON DISTRICT- NAGAON ASSAM PIN- 78200 Page No.# 2/3 Advocate for the Petitioner : MR. T J MAHANTA, MS. T HAZARIKA Advocate for the Respondent : SC, AFDC, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 21/02/2025 Heard Ms. T. Hazarika, learned counsel for the petitioner. Also heard Mr. P. Sarmah, learned Standing Counsel, AFDC, appearing for the respondent nos. 1 & 2 and Mr. G. Bokolial, learned Government Advocate, Assam, appearing for the respondent no. 3. The petitioner was settled with the “Morikalong and Putakolong Beel” by order dated23/08/2022 for a period of 7 (seven) years. After taking possession of the fishery, the petitioner found that the actual physical measurement conducted by the petitioner revealed that the fishery was less than 76 Hectors. He, therefore, filed application before the concerned Deputy Commission i.e. Deputy Commissioner, Nagaon as well as the Managing Director, Assam Fisheries Development Corporation (AFDC) Ltd. The application of the petitioner was, however, rejected by the communication dated 07/05/2023 passed by the Managing Director, AFDC. Being aggrieved, the present writ petition has been filed. After issuance of notices, the matter has come up before this Court. Mr. P. Sarmah, learned Standing Counsel, AFDC submits on instruction that the order would be revisited by the AFDC authorities by taking into consideration the report given by the concerned Circle Officer, which was earlier not taken into consideration. In view of such submission, the grievances of the petitioner have been sought to be redressed by the respondent authorities. As such, this Court does not find any further cause to proceed in the present proceeding. Page No.# 3/3 Accordingly, taking note of the submissions made by the learned Standing Counsel, AFDC, this writ petition stands closed directing the respondents to pass a fresh order on the application dated 03/02/2023 filed by the petitioner before the Managing Director, AFDC and by taking into consideration the report of the concerned Circle Officer in respect of the measurement of the boundary of the Fishery. With the above observation, the writ petition stands disposed of. The entire exercise be carried out and completed within a period of 30 (thirty) days from the date of receipt of a certified copy of this order. Any such order to be passed, the same be communication to the writ petitioner. JUDGE Comparing Assistant