Page No.# 1/5 GAHC010037752025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1249/2025 NARAYAN DAS SON OF LATE BANABASI DAS, R/O VILLAGE UPPER TAMERA, P.O. BADULIPAR, DISTRICT - GOLAGHAT, ASSAM, PIN - 785611 VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-781006 2:THE ASSAM FISHERY DEVELOPMENT CORPORATION LIMITED (AFDC) REPRESENTED BY ITS MANAGING DIRECTOR CHACHAL VIP ROAD GUWAHATI-781036 DIST- KAMRUP (M) ASSAM 3:THE MANAGING DIRECTOR OF ASSAM FISHERY DEVELOPMENT CORPORATION LTD. (AFDC) CHACHAL VIP ROAD GUWAHATI-781036 DIST- KAMRUP (M) ASSAM 4:THE DISTRICT FISHERY OFFICER GOLAGHAT DIST- GOLAGHAT ASSAM 5:THE DISTRICT COMMISSIONER (D.C.) GOLAGHAT DIST- GOLAGHAT Page No.# 2/5 ASSAM PIN-785621 6:THE CIRCLE OFFICER KHUMTAI REVENUE CIRCLE KHUMTAI P.O.-KHUMTAI DIST- GOLAGHAT ASSAM PIN- 7:THE MISSING AUTONOMOUS COUNCIL (MAC) REPRESENTED BY ITS PRINCIPAL SECRETARY P.O.-GOGAMUKH DIST- DHEMAJI ASSAM PIN-787034 8:THE PRINCIPAL SECRETARY OF MISSING AUTONOMOUS COUNCIL (MAC) P.O.-GOGAMUKH DIST- DHEMAJI ASSAM PIN-787034 9:NITUL BORI S/O GOKUL BORI VILL- SOWGURI CHAPORI P.O.-BAHGURI DIST- GOLAGHAT ASSAM PIN Advocate for the Petitioner : MR. B RAHMAN, Advocate for the Respondent : GA, ASSAM, MS A DEKA(R-9),MR. D DOLEY (R-9),SC, MISING AUTONOMOUS COUNCIL,SC, FISHERY,SC, AFDC BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 30.04.2025 1. Heard Mr. B. Rahman, learned counsel for the petitioner. Also heard Mr. R. Page No.# 3/5 Ghosh, learned counsel appearing on behalf of Mr. P. Sharma, learned counsel for the Fishery Department. Mr. D. Gogoi, learned counsel appears for the Mising Autonomous Council (MAC), while Mr. G. Bokalial, learned counsel appears for the respondent nos.1, 5 & 6. No one appears for the respondent no.9, even though the name of Mr. D. Doley is reflected in the Cause List as the counsel for the respondent no.9. 2. By filing this writ petition, the petitioner claims to be a settlement holder of “Mori Disoi Sengelisuti Meen Mahal” in the District of Golaghat for a period of 2019-2026 prays for setting aside the Order dated 29.06.2024 passed by the Principal Secretary, Mising Autonomous Council (MAC), whereby the respondent No.9 has been granted the settlement illegally, despite this Court, in a batch of writ petitions vide Order dated 20.08.2024 has set aside the Notice Inviting Tender(NIT), issued by the MA Council, for the said Meen Mahal. 3. Mr. Rahman, learned counsel for the petitioner submits that despite the Order dated 20.08.2024 holding the MAC having no authority over the Meen Mahal thereby setting aside the Notice Inviting Tender(NIT) issued by the MAC, the Mising Autonomous Council has failed to pass an order revoking the settlement order in favor of the private respondent No.9. 4. It is the case of the counsels for the parties who are present today that the issue of whether the MAC have any authority over fisheries and water bodies within the State of Assam, has been decided by this Court in a batch of Page No.# 4/5 writ petitions, the lead case being WP(C) 3065/2024 (Dibrugarh Fishery Co- operative Society Limited vs. The State of Assam & 5 Others). 5. This Court in the above cases held that the General Council or the Village Council of the MAC has got no authority to settle any fishery or even natural water bodies as exemplified in the Notification dated 07.03.2017 issued in the name of the Governor by the Principal Secretary to the Government of Assam, Fishery Department and consequently they cannot initiate any process for settlement of the fisheries or water bodies or settle the same. 6. The Notification dated 07.03.2017 issued in the name of the Governor by the Principal Secretary to the Government of Assam, Fishery Department is reproduced herein-below, as follows : “ORDER Dated the 7" March, 2017 No. FISH. 224/2014.-In exercise of power conferred by Section 155 and 156 of Assam Land & Revenue Regulation, 1886 (Regulation 1 of 1886) read with Section 6 of Indian Fisheries Act, 1897 (Act No. 4 of 1897) the Governor of Assam is pleased to vest the administrative control of all natural water bodies viz. beels, ox-bow lakes, low laying areas, swamps, derelict water bodies, dead river courses, river tributaries and reservoirs with the Fishery Department henceforth which are presently being settled by Revenue & Disaster Management Department and are administered by concerned Deputy Commissioner/SDO of a district/civil sub-division for proper scientific method of conservation and management and for sustainable development of such rich natural resources in a productive manner or overall economic development of people living in the vicinity of such natural water bodies. Accordingly, the Revenue & Disaster Management Department shall hand over possession of Page No.# 5/5 such natural water bodies under the Department through concerned DC/SDO to Fishery Department represented by DFDO of the concerned district. Consequently upon above, the land record of concerned Revenue Circle & Sadar records shall be modified to reflect the administrative control of such natural water bodies by the Fishery Department. It is further ordered that, in case of any such natural water body already leased out by concerned DC/SDO; the right of fishing over such natural water bodies by the lessee shall not in any way get affected till expiry of the lease period subject to the condition that such lessee shall not obstruct in any way the steps taken by the Fishery Department for development of such natural water bodies in the intervening period till completion of lease.” 7. In view of the settled position of law that the MAC does not have any right to settle any fisheries or water bodies within the State of Assam, the settlement of the Mori Disoi Sengelisuti Meen Mahal in favour of the respondent no.9 by the MAC is illegal and the same is accordingly set aside. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant