Page No.# 1/4 GAHC010010842025 2025:GAU-AS:612 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/257/2025 DHAMOR RAIJAN FISHERY COOPERATIVE SOCIETY LTD REPRESENTED BY ITS SECRETARY SRI. SHRABON KUMAR DAS, (AGED 29 YEARS) S/O LATE TRIPUL CHANDRA DAS, RESIDENT OF VILL SILAPANI, P.O AND P.S LAKHIPUR. DIST GOALPARA, ASSAM. PIN- 783129. HAVING ITS REGISTERED OFFICE AT VILLAGE SILAPANI, GOALPARA, ASSAM 783129 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006, KAMRUP (M) DISTRICT, ASSAM 2:ASSAM FISHERIES DEVELOPMENT CORPORATION LTD V.I.P ROAD CHACHAL GUWAHATI PIN- 781036 KAMRUP(M) DISTRICT ASSAM REPRESENTED BY ITS MANAGING DIRECTOR. 3:THE CHAIRMAN ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. V.I.P ROAD CHACHAL GUWAHATI PIN- 781036 KAMRUP(M) DISTRICT ASSAM. 4:THE MANAGING DIRECTOR Page No.# 2/4 ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. V.I.P ROAD CHACHAL GUWAHATI PIN- 781036 KAMRUP(M) DISTRICT ASSAM Advocate for the Petitioner : MR. R SHARMA, MR. S K GOSWAMI,MR. B K GOSWAMI Advocate for the Respondent : SC, AFDC, BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 22.01.2025 Heard Mr. S. K. Goswami, learned counsel for the petitioner. As well as Mr. P. Sarma, learned Standing Counsel, Fishery Department, appears for the respondent Nos. 1 to 4. 2. The petitioner is a cooperative society registered under the Assam Cooperative Societies Act, 1949, in the name and style of “Dhamor Raijan Fishery Cooperative Society Limited” and is being represented by its Secretary. 3. Pursuant to a Tender Notice No. 2/2018, dated 07.07.2018 issued by the Managing Director, Assam Fisheries Development Corporation Limited/respondent No. 4 for settlement of fisheries, the petitioner’s society participated in the said Tender process in respect of Kumri Fishery of Goalpara District and thereafter, being the highest bidder the petitioner’s society by Order dated 05.11.2018 was given the allotment Order with regard to the Kumri Fishery, Goalpara for a period of 7 (seven) years, i.e. up to March, 2025. However, as the petitioner’s society was given the Order of settlement only Page No.# 3/4 w.e.f. 18.12.2018, the petitioner filed a representation to grant relief in revenue as was being granted to other similarly situated fisheries. 4. Thereafter, the Corporation by an Order dated 06.09.2019, suspended the fishing operation of the petitioner’s society. Accordingly, the petitioner’s society approached this Court by filing WP(C) No. 6774 of 2019. This Court on 11.09.2019 while issuing Notice suspended the operation of the Order dated 06.09.2019 until further orders. In view of the Order dated 11.09.2018 passed by this Court in WP(C) No. 6774/2019, the Corporation handed over the Fishery to the petitioner’s society on 25.10.2019. 5. In the meantime, some encroachment took place by the Government with regard to the Kumri Beel for construction of four lane road. Accordingly, the Managing Director, Assam Fisheries Development Corporation Limited/respondent No. 4 by Communication dated 16.02.2023 requested the Deputy Commissioner, Goalpara to make an enquiry and thereafter to furnish the report. Accordingly, the Additional District Commissioner by a Communication dated 22.12.2023 submitted a report before the Managing Director, Assam Fisheries Development Corporation Limited/respondent No. 4, wherein, it is stated that 62 Bigha – 01 Katha – 06 Lessa of land is affected due to the newly constructed Overbridge and this area falls in the vacant space amidst the Overbridge and the new Overbridge. 6. Thereafter, the petitioner’s society made 3 (three) representations on 21.08.2024, 24.10.2024 and 06.12.2024 praying for granting relief due to the reduction of the water area of the said Kumri Fishery before the Managing Director, Assam Fisheries Development Corporation Limited/respondent No. 4. Page No.# 4/4 The aforesaid 3 (three) representations are yet to be considered by the Managing Director, Assam Fisheries Development Corporation Limited/respondent No. 4 till date. 7. Learned counsel for the petitioner submits that the petitioner would be satisfied if a direction is issued to the Managing Director, Assam Fisheries Development Corporation Limited/respondent No. 4 to consider the representations made by the petitioner and dispose of the same within a specified period of time. 8. Mr. P. Sarma, learned Standing Counsel, AFDC, has no objection. 9. Accordingly, this writ petition is disposed of directing the Managing Director, Assam Fisheries Development Corporation Limited/respondent No. 4 to consider the representations made by the petitioner on 21.08.2024, 24.10.2024 and 06.12.2024 and dispose of the same by a Speaking Order and in accordance with law within a period of 3 (three) weeks from the date of receipt of a copy of the Order of this Court. The outcome of the consideration shall be intimated to the petitioner thereafter. 10. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant