Page No.# 1/4 GAHC010126122026 2026:GAU-AS:15484 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3340/2026 RANGLAL MANDAL SON OF- LATE MADAN MONDAL, RESIDENT OF - VILLAGE-PAVAKATI, P.O.-BURAGAON, PAKARIA MOUZA, P.S.- MAYONG, DISTRICT- MORIGAON, ASSAM, PIN-782411. VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY SPECIAL CHIEF SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006, ASSAM. 2:THE SECRETARY WATER RESOURCES DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 ASSAM. 3:THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED BEING REPRESENTED BY ITS MANAGING DIRECTOR BIMALA PRASAD CHALIHA ROAD CHACHAL VIP ROAD GUWAHATI-781036 KAMRUP METRO DISTRICT ASSAM. 4:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED BIMALA PRASAD CHALIHA ROAD CHACHAL Page No.# 2/4 VIP ROAD GUWAHATI-781036 KAMRUP METRO DISTRICT ASSAM. 5:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT 5TH FLOOR ASSAM WATER CENTRE BASISTHA GUWAHATI-781029 6:THE DISTRICT COMMISSIONER MORIGAON DISTRICT MORIGAON PINCODE-782105 ASSAM 7:THE CIRCLE OFFICER MAYONG REVENUE CIRCLE JAGI BHAKATGAON PIN CODE-782411 MORIGAON DISTRICT ASSAM. 8:THE PROJECT MANAGER MIDDLE ASSAM REGION ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED CHARAN BEEL PIN CODE-782411 MORIGAON DISTRICT ASSAM Advocate for the Petitioner : MR. M K CHOUDHURY, MR D J MEDHI,MR S KHOUND Advocate for the Respondent : GA, ASSAM, SC, WATER RESOURCE,SC, AFDC BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 13-10-2026 1. Heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. D.J. Medhi, Page No.# 3/4 learned counsel for the petitioner and Ms. P. Chakraborty, learned Standing counsel, Water Resources Department as well as Assam Fisheries Development Corporation Limited (AFDCL) Department for the respondents. 2. The petitioner is a settlement holder of Pakaria Beel in the district of Morigaon and the settlement is for the period from the years 2024-2025 to 2026-2027 (31.03.2027). 3. During the currency of the settlement, the Water Resources Department commenced embankment/anti-erosion works in 2025. The petitioner asserts that this work has encroached upon a major portion of the fishery, restricted and obstructed the ingress and egress of fish, and caused substantial financial loss despite regular payment of kist money. 4. By filing its affidavit, the Water Resources Department has admitted that it commenced the embankment and anti-erosion work in 2025. 5. The respondent District Commissioner has also admitted in his affidavit that for the construction of the embankment, there are encroachments on the fisheries, and the area has been reduced. 6. In the aforesaid factual background, this Court is of the opinion that in the peculiar facts and circumstances of the present case, the respondent AFDCL shall take a call on the prayer made by the petitioner. 7. It is provided that the petitioner may file a fresh representation raising his grievance, including the stand of the District Administration as well as the Water Resources Department. Upon such representation being filed, the same shall be considered by the Managing Committee of the AFDCL and the Managing Committee shall pass a Speaking Order in this regard. 8. Taking note that the settlement period will expire on 31.03.2027, it is provided that the entire exercise shall be carried out on or before 18.01.2027. In the process of Page No.# 4/4 determination, if necessary, the AFDCL may seek further clarification from the petitioner. In the event, it is found that the petitioner has suffered loss, the respondent authority may consider the prayer of the petitioner in appropriate manner. 9. With the aforesaid, this writ petition stands disposed of. JUDGE Comparing Assistant