KUSUMPARA PAKARIA MIN SAMABAI SAMITY LTD Vs. STATE

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution, the petitioner M/s. Kusumpara Pakaria Min Samabai Samity Ltd. has challenged the order of the Government of Assam dated 25/05/1992 settling the Fishery No. 129 Haria Dublong Fishery (which we shall refer to as the "Fishery") with the fifth respondent M/s. Jagirroad Matsyababasaya Samabay Samity.

(2.) Facts, - The Fishery was settled with the petitioner for a period of 3 years expiring on 31-3-92. However, the period of settlement was extended to 31-3-93 by the Government of Assam under order dated 27-12-90. But the order of extension was revoked by the order dated 25-5-92 and the Fishery was settled with the fifth respondent. The order of settlement with fifth respondent was stayed by this Court on 27-5-92.

(3.) The order revoking the extension of the period of settlement with the petitioner before its expiry involves civil consequences as well as pecuniary and evil consequences. Therefore, before revoking the order of extension of the term of settlement before its expiry the minimum principle of natural justice of notice and opportunity to represent one's case is a must. But it is found that the revocation order was made without observing the rules of natural justice. For the non-compliance with audi alteram partem rule of natural justice at a pre-decisional stage, the order of revocation of the extension of the term of settlement of the Fishery is liable to be struck down. However, on the facts in the circumstances of the case, we propose to give the parties a post-decisional opportunity of hearing without striking down the impugned order.