Page No.# 1/3 GAHC010058492025 2025:GAU-AS:3083 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1570/2025 THE BANDALIGAON (RESERVE) MIN S.S. LTD. BANDALIGAON, P/O. AND P/S. AND DIST. BARPETA, ASSAM, (REP. BY THE SECRETARY, SHRI KHANIN BEPANI OF THE ABOVE S.S. LTD.) 2: KHANIN BEPARI S/O. LT. SANKARLAL BEPANI SECRETARY OF THE BANDALIGAON RESERVE MIN S.S. LTD. P/O. CHENGA DIST. BARPETA ASSAM PIN-781305 VERSUS THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT ASSAM, DISPUR, GUWAHATI-781006. 2:THE DISTRICT COMMISSIONER BARPETA DIST. BARPETA ASSAM. 3:THE CIRCLE OFFICER SARTHEBARI REVENUE CIRCLE DIST. BARPETA ASSAM. 4:THE DISTRICT FISHERY OFFICER BARPETA DIST. BARPETA ASSAM Advocate for the Petitioner : MR. N BORUAH, MR B SINHA Page No.# 2/3 Advocate for the Respondent : GA, ASSAM, SC, FISHERY BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 21.03.2025 Heard Mr. B. Sinha, learned counsel for the petitioners. Also heard Mr. B. Sarmah, learned Standing Counsel, Fishery Department, for the respondent Nos. 1 & 4 and Mr. M. Chetia, learned Government Advocate, for the respondent Nos. 2 & 3. 2. By an Order dated 27.09.2016 issued by the Secretary to the Government of Assam, Fishery Department, the No. 64 Barghopa Beel Fishery of Barpeta, was settled with the petitioner’s Society for a period of 7 (seven) years. 3. It is the case of the petitioner that the actual position of the said fishery was made with effect from 26.01.2017. In the intervening period, the COVID-19 pandemic set in and also there was encroachment on the said No. 64 Barghopa Beel Fishery of Barpeta. As the petitioner’s Society suffered heavy loss during the said period, a representation was made before the Joint Secretary, Fishery Department on 11.12.2023 praying for extension of lease period of the said No. 64 Barghopa Beel Fishery of Barpeta District. The Assistant Fishery Officer, Barpeta, also submitted a report on 15.06.2024 before the Circle Officer, Sarthebari Revenue Circle, Sarthebari, reporting that 110 Bigha are found under encroachment of the said No. 64 Barghopa Beel Fishery. 4. The grievance of the petitioner before this Court is that without considering the representation made by the petitioner a Tender Notice was Page No.# 3/3 issued on 04.03.2025 by the Deputy Commissioner, Barpeta, for settlement of the lease period of No. 64 Barghopa Beel Fishery. 5. Considering that the representation made by the petitioner on 11.12.2023 before the Joint Secretary, Fishery Department, State of Assam, is yet to be considered and disposed of, this writ petition is disposed of directing the Authorities in the Fishery Department to consider and dispose of the representation dated 11.12.2023 made by the petitioner before the settlement of the No. 64 Barghopa Beel Fishery under the Sarthebari Revenue Circle in terms of the Tender Notice dated 04.03.2025. It is made clear that this Court is not interfering with the Tender Notice dated 04.03.2025. 6. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant