TANURAM TAYENG Vs. STATE OF ASSAM

JUDGEMENT

(1.) The writ petitioner in this Civil Rule has challenged the order dated 19-9-91 passed by the first respondent, praying for a writ of mandmus and/or certiorari to set aside and quash the said orders. In the nature of order we proposed to pass in this case, we do not think it necessary to issue notice on 5th Respondent. The 6th Respondent has entered appearance through his counsel. Senior Gov-ernment advocate appeared on behalf of 1st to 4th Respondents.

(2.) The petitioner states that the 5th Respondents settled Pub-Lali Min Mahal with the petitioner for a period of three years from 1987-90. After the expiry of the said period of settlement, the petitioner filed a petition dated 6-8-90 before the Sub-Divi-sional Officer-cum-Chief Administrator, Jonai Mahakuma Parishad, with a request to extend the settlement for the period 1990-92. M/s. Brahmaputra Part-III, IV and V Fishe-ries Co-operative Societies Ltd., for short 'the Society', filed a writ petition before this Court alleging that the fishery settled with the petitioner was actually included within the fishery settled with the said Society and this Court issued an order of status quo. In pursuance of the said order, the 2nd Res-pondent stayed the settlement of the fishery. The petitioner on 14-9-90 filed yet another application for extension of the settlement of Lali (Pub Lali and Pachim Lali) Fishery for the said period of 1990-92 before the Minister, Panchayat and Rural Development Depart-ment Assam.

(3.) The State Government on the basis of the application filed by the petitioner granted extension of the settlement of fishery for a period 1990-91 in favour of the petitioner at 10% above the previous year's revenue. This extension of settlement in respect of Pub Lali and Pachim Lali (outside Brahmaputra Part III, TV and V) Fishery was further extended for the period 1991-92 in his favour at and additional 10% revenue. This decision was communicated by the 2nd Respondent vide letter dated 19-10-90 to the Sub-Divisional Officer (Civil), Jonai, I/c. Chief Adminis-trator, Jonai Mahkuma Parishad.