Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010062142025
2025:GAU-AS:3439
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1673/2025 NAKUL BARMAN S/O.- LATE SURENDRA BARMAN, R/O.- VILL.- DURAMARI, P.O. LALMATI, PIN- 783384, BONGAIGON DISTRICT, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-
781006. 2:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPAFTMENT DISPUR GUWAHATI- 781006. 4:THE DIRECTOR OF FISHERIES ASSAM MEEN BHAWAN SARABBHATTI GUWAHATI-781016. 5:THE DISTRICT COMMISSIONER BONGAIGAON BONGAIGAON DISTRICT PIN-783380 ASSAM
Page No.# 2/4 6:THE CO-DISTRICT COMMISSIONER ABHAYAPURI BONGAIGAON DISTRICT PIN- 783384 ASSAM. 7:THE CIRCLE OFFICER SRIJANGRAM REVENUE CIRCLE-MEMBER SDFDC PIN-783384 BONGAIGAON ASSAM 8:THE SUB-DIVISIONAL FISHERY DEVELOPMENT OFFICER NORTH SALMARA-MEMBER SDFDC PIN-783383 BONGAIGAON ASSAM 9:MANIK CH. BARMAN SON OF LATE PRAFULA BARMAN VILLAGE- DURAMARI P.O.- LALMATI P.S. ABHAYAPURI BONGAIGAON DISTRICT PIN-783384 ASSAM Advocate for the Petitioner : MR S KHOUND, MR H K NATH,MR D J MEDHI,MS. N BORAH Advocate for the Respondent : GA, ASSAM, SC, FISHERY
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 26.03.2025
1. Heard Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned standing counsel, Fishery Department, for the respondent Nos. 1 to 4 & 8 and Mr. G. Bokalial, learned Government Advocate, for the
Page No.# 3/4 respondent Nos. 5, 6 & 7. 2. The petitioner was issued a Settlement Order by the Sub Divisional Officer (C) on 12.09.2023 in respect of 1/51 Koya Kujia Fishery in Bongaigaon district for a period of 3 (three) years from 07.08.2023 to 06.08.2026. Thereafter, the Sub Divisional Officer, North Salmara, by a Communication dated 12th September, 2023 issued to the petitioner, directed to deposit an annual sum of Rs.12,13,534/- along with an amount of Rs.66,963/- as security amount within 2 (two) days. However, despite settlement of the said fishery in question, the fishery has not been handed over to the petitioner till date. Accordingly, the petitioner made a representation on 18.03.2025 before the Secretary, Fishery Department, Government of Assam, praying for handing over 1/51 Koya Kujia Fishery to the petitioner. The grievance of the petitioner before this Court is that despite the representation dated 18.03.2025 made by the petitioner, the same is yet to be considered and disposed of. 3. Mr.
P. Sarma, learned standing counsel, Fishery Department, submits that a direction can be issued to the respondent No. 1/Commissioner and Secretary, Fishery Department to dispose of the representation dated 18.03.2025 made by the petitioner. 4. Accordingly, this writ petition is disposed of directing the respondent No. 1 to consider and dispose of the representation made by the petitioner on 18.03.2025 within a period of 3 (three) weeks from the date of receipt of a certified true copy of this order. While considering the representation made by the petitioner, the respondent No. 1 shall also afford an opportunity of hearing to the petitioner in person. The outcome of such consideration shall also be communicated to the petitioner. Page No.# 4/4 Till the representation is disposed of by the respondent No. 1, no coercive action shall be taken against the petitioner. 5. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant