MEEN SAMABAY SAMITY LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) This petition under Article 226 has been filed for appropriate directions to allow the petitioner Society to continue operation in No. 129 Haria Dublong Fishery. Their claim is that the Society is a registered Co-operative Society under the Societies Registration Act consisting of 100% fishermen belonging to Scheduled Caste community. The fishery was settled with the petitioner Society by an order dated 19/11/1999. The settlement was made after cancellation of the then existing lease by the Assam Fisheries Development Corporation for a period of 7 years ending in 2006. The petitioner Society deposited Rs.4,131/- as security and also paid instalments for the period ending 18/11/2000. The settlement order dated 19/11/1999 was challenged in W.P.(C) No. 5828/99. The said writ petition was disposed of on 21/8/2000 quashing the above settlement and the matter was referred back to the State authorities for settlement afresh within a period of two months permitting the petitioner Society to continue during the interim period. The petitioner Society filed a petition dated 5/9/2000 before the Secretary to the Govt. of Assam, Department of Fisheries for settlement of the said fishery with them. But the respondent authorities by the impugned order dated 23rd October, 2000 (Annexure-XI) settled the fishery with the respondent No. 5 for a period of 5 years ending in 2005 at the existing annual revenue. The settlement order in favour of the respondent No. 5 passed on 23rd October, 2000 by the State Government is in challenge.

(2.) I have heard the learned counsel for both the parties and also perused the documents on record. Before the impugned order dated 23rd October, 2000 is averted to, it is considered necessary to refer to the reasons recorded by the learned Single Judge in W.P.(C) 5828/99 for quashing the settlement order dated 19/11/1999 made in favour of the petitioner Society. According to the learned Single Judge, Bakijai proceedings had to be initiated against the petitioner Society for irregularities in payment of the instalments. Hence, the learned Single Judge referred the matter back to the State Government for settlement afresh. An abortive attempt was made for reversal of the judgment of the learned Single Judge by preferring Writ Appeal No. 380/2000.

(3.) In the affidavit-in-opposition and reply thereto the petitioner Society and the respondent No. 5 made allegations and counter allegations about their competence and eligibility to get fresh settlement. However, the State Authority after due consideration passed the impugned order dated 23rd October, 2000 settling the Fishery with the respondent No. 5. The reason in taking the aforesaid decision is reflected in the impugned order. The relevant excerpt therefrom is quoted below: - Further, on perusal of the records, it is also seen that the petitioner Society i.e. M/s. No. 35 Pakoria Meen S.S. Ltd., was the earlier sitting lessee of this fishery since 1996 to 28.10.99. But as per the then report, the society was found defaulter of Rs.38,036/-. On that ground, their petition was not considered for giving settlement. Accordingly the Govt. have to settle the fishery with another contender i.e. M/s. 129 Haria Dublong Meen Mahal S.S. Ltd. upto 2006. Being aggrieved, the petitioner Society filed ap appeal in the High Court under WP(C) No. 5828/99. Hon'ble High Court in its order and judgment dt. 21/8/2000 quashed the said settlement order and directed the Govt. to dispose the matter within two months giving a fresh settlement on consideration of the materials on records. On perusal of the records, it is also seen that the lone petitioner Society is not a defaulter now and found the Society had cleared their arrear revenues and a clearance certificate to this effect was issued by the concerning authority withdrawing the bakijai Case No. BC. 1/79/80. The Hon'ble Gauhati High Court has also stated that the Society is eligible for getting a fresh settlement of this fishery. As such in view of the above the Governor of Assam in exercise of the power conferred by the proviso to Rule 12 of the Rules for settlement of fisheries as amended vide Notification No. VFF.10/76/PT.II-A/12 dt. 5.6.76 is pleased to settle the No. 29 Haria Dublong Fishery of Morigaon District with M/s. No. 35 Pakaria Meen S.S. Ltd. for a period of 5 (five) years w.e.f. 23/10/2000 to 22.10.2005 at the existing annual revenue of the fishery i.e. Rs. 39,343/- (Rupees thirty nine thousand three hundred and forty three) only subject to observance of usual terms and conditions laid down in the Rules for settlement of Fisheries. Further, the lessee should stock fish seed in the fishery during the lease period failing which the settlement will be cancelled."