Page No.# 1/6 GAHC010010492025 2025:GAU-AS:1221 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/309/2025 NO. 151/152 KARMARI NANDINI MEEN SAMABAI SAMITY LIMITED VILLAGE- CHOTOGARJAN, P.O.- KARATIPAM, P.S. MAYONG, DISTRICT- MORIGAON, ASSAM, PIN- 782105, REPRESENTED BY ITS SECRETARY, SHRI PRADIP SARKAR, SON OF SHRI MANIRAM SARKAR VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI- 781006 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI- 781006 4:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI- 781006 5:THE DISTRICT COMMISSIONER MORIGAON DISTRICT MORIGAON ASSAM Page No.# 2/6 6:THE ADDITIONAL DISTRICT COMMISSIONER (FISHERY) MORIGAON DISTRICT MORIGAON ASSAM 7:THE DISTRICT FISHERY DEVELOPMENT OFFICER MORIGAON DISTRICT MORIGAON ASSA Advocate for the Petitioner : MR. K N CHOUDHURY, MISS. R R KAKATI,N GAUTAM,MR. D J DAS,MS N MAHANTA Advocate for the Respondent : GA, ASSAM, MR. P. SARMA, SC, FISHERY BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 06.02.2025 Heard Mr. K. N. Choudhury, learned senior counsel assisted by Ms. R. R. Kakati, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned standing counsel, Fishery Department for the respondent Nos. 1, 2, 3, 4 and 7 and Mr. S. R. Baruah, learned Govt. Advocate for the respondent Nos. 5 and 6. 2. The petitioner’s society was settled with the No.5 Sonai Nadi Part-III Meen Mahal of Morigaon district for a period of 7(seven) years by an order dated 22.09.2017. The possession of the fishery was handed over to the petitioner on 04.10.2017 and accordingly, the settlement period would expire on 30.09.2024. 3. It is the case of the petitioner that there was erosion due to flood as well as illegal encroachment of the fishery and therefore, the petitioner’s society was unable to pay the revenue to the Government. Accordingly, the petitioner made representations on 21.08.2023, 24.04.2024 and 15.07.2024 requesting re- Page No.# 3/6 assessment and remission of the revenue in respect of the fishery after making an inquiry. Pursuant to the representations made by the petitioner’s society, the Addl. Chief Secretary to the Govt. of Assam, Fishery Department wrote to the Deputy Commissioner on 11.10.2023 asking him to make an inquiry on the claim of the petitioner’s society and to submit report. Accordingly, the Addl. District Commissioner (Fishery) Morigaon on 25.06.2024, submitted the Inquiry Report with regard to 5 No. Sonai Nadi Part-III Fishery in Morigaon district before the Addl. Secretary to the Govt. of Assam, Fishery Department. The relevant portion of the Enquiry Report is quoted herein below: “1)From the inquiry and report of Circle Officers, Mayong & Bhuragaon as well as DFDO, Morigaon, it appears that the total area of the fishery was 840B-4K-10L under 2 (two) Revenue Circles. Out of which, presently water holding area is only 250B-4K-8L and rest of the area was either washed away or silted during flood/erosion making it unsuitable for fishing which is now being used by local people for habitation and cultivation. 2) DFDO Morigaon has re-assessed the Annual lease value of the Fishery atRs.6,02,211.00 as per existing water area of the fishery 33.54 Ha (250B-4K-8L). 3) As per report of ADC Morigaon, the lessee society has deposited Rs.1,00,54,275.00 as lease value of the fishery and Rs 21,59,609.00 is outstanding from the date of handing over possession to the date of surrender of the fishery.” 4. On the basis of the Inquiry Report of the District Commissioner, Morigaon, the Addl. Secretary to the Govt. of Assam, Fishery Department passed an order on 08.08.2024 and the relevant portion reads as under: “Therefore, under the circumstances and for end of justice, I do hereby grant following relief as empowered under rule 8(b) & rule 16 of the Assam Fishery Rules, 1953 to No.151/152 M/S Karmari Nandini MSS Ltd., Dist Morigaon in respect of No.5 Sonai Nadi Part- IlI Fishery by virtue of being lessee of that Fishery: 1. Grant of extension of lease of the fishery for a period of 1(One) year to be counted Page No.# 4/6 from the date of handing over fishery afresh as possession has already been surrendered. 2. The operative area of the fishery shall be 250B-4K-8L (33.54 Ha) and the boundary of the fishery shall be notified and demarcated by DC, Morigaon through Revenue Officials with GPS location with technical support from Directorate of Land Records & Survey, Assam, if required. 3. The Annual Revenue of the Fishery to be fixed at Rs 6,02,211.00 for the extended period of one year as assessed by DFDO, Morigaon as per the Rule 48 of the Assam Fishery Rules, 1953. 4. As regards outstanding Revenue of Rs.21,59,609.00, Govt. considered remission to the extent of 25% under Rule 16 of the Assam Fisher Rules, 1953 which comes to Rs 5,39,902.00 as one-time relief and the society has to deposit the balance amount of Rs 16,19,707.00. 5. The amount of outstanding Revenue of Rs 16,19,707.00 remaining after the grant of remission to be deposited initially as a lump sum amount of Rs.5,00,000.00 before taking over possession for the extended period and balance amount of Rs.11,19,707.00 to be deposited in 4 (four) equal installment on quarterly basis, i.e. three instalments of Rs 2,80,000.00 and final instalment of Rs. 2,79,707.00. 6. The Regular revenue of the fishery as assessed shall be deposited by the lessee as per norms. “ 5. Not being satisfied with the order dated 08.08.2024, the petitioner’s society made a review application on 12.08.2024, before the Addl. Chief Secretary to the Govt. of Assam, Fishery Department. The said review application was disposed of by order dated 16.12.2024, by rejecting the application of the petitioner’s society. Being aggrieved, the present writ petition. 6. The learned senior counsel for the petitioner submits that the District Commissioner, Morigaon had come to the conclusion that from a total area of 840 Bighas- 4 Kathas- 10 Lechas, the water holding area after the siltation is 250 Bighas- 4 Kathas- 8 Lechas. Thereafter, on consideration of the Inquiry Report, the Page No.# 5/6 Addl. Secretary to the Govt. of Assam, Fishery Department passed the order on 08.08.2024, extending the lease of the fishery for a period of 1(one) year with effect from the date of handing over the fishery afresh and further directing that the operative area of the fishery shall be 250 Bighas- 4 Kathas- 8 Lechas and the boundary of the fishery shall be notified and demarcated by D.C. Morigaon and with regard to outstanding revenue of Rs.21,59,609/-, the respondents considered remission to the petitioner’s society for Rs.5,39,902/- as a onetime relief and the society has to deposit the balance amount of Rs.16,19,707. He therefore submits that the remission made to the petitioner’s society is not commensurate to the gravity of loss faced by the petitioner’s society and therefore, the order has to be set aside and remanded back to the concerned authority to have a relook into the grievance of the petitioner’s society. 7. Mr. P. Sarma, learned standing counsel, Fishery Department submits that the authorities have considered the siltation of the fishery of the petitioner’s society and thereafter, pass the order dated 08.08.2024 extending the lease of the fishery by one year and also granted remission with regard to the outstanding revenue and therefore, no interference is required. 8. After considering the submissions of the learned counsel for the parties and particularly taking into account the Inquiry Report of the Deputy Commissioner, Morigaon, wherein, it is clearly reflected that from a total area of 840 Bighas- 4 Kathas- 10 Lechas, the present water holding is only 250 Bighas- 4 Kathas- 8 Lechas and the rest of the area has been either washed away or silted during flood/erosion, this Court is in agreement with the submission made by the learned senior counsel for the petitioner’s society that the extension and the remission granted to the petitioner’s society is not commensurate to the gravity of loss faced by the petitioner’s society. Accordingly, the matter is remanded back to the concerned respondents in the Fishery Department, Govt. of Assam to have a re- Page No.# 6/6 look with regard to the representations made by the petitioner, particularly taking into consideration the Inquiry Report of the District Commissioner, Morigaon and pass appropriate orders keeping in mind the gravity of loss faced by the petitioner’s society. Let such steps be taken within a period of 45(fourty five) days from the date of receipt of a certified true copy of the order of this Court. 9. Consequently, the order dated 08.08.2024 and 16.12.2024 are set aside and quashed. 10. Till a decision is taken by the concerned authorities in the Fishery Department, Govt. of Assam, the possession of the petitioner’s society with regard to the fishery in question shall not be disturbed. 11. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant