BETBARI MOUZA NAMASUDRA FISHERY CO-OPERATIVE SOCIETY LTD. AND SECRETARY, BETBARI MOUZA NAMASUDRA FISHERY CO-OP. SOCIETY LTD. Vs. THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF FISHERY,

JUDGEMENT

(1.) THIS petition has been filed by a Co -operative Society under Article 226 of the Constitution of India challenging the settlement of No. 15 Kaldia Fishery with Respondent No. 4 which is also a Co -operative Society.

(2.) ACCORDING to the Petitioners the Co -operative Society has been formed by the actual fishermen belonging to the scheduled caste community and the Fishery in question is located within the neighbourhood of the said Society. It has been alleged that the Respondent No. 4 Co -operative Society is not composed of actual fishermen. The term of settlement of the present Fishery came to an end on 31.3.93 and accordingly the Petitioner society applied for direct settlement under proviso to Rule 12 of the Fishery Rules. The allegation of the writ Petitioner is that without receiving any report from the Deputy Commissioner and without considering the petition for settlement of the writ Petitioner the settlement was given in favour of Respondent No. 4. The settlement order dated 20th April, 1993 is at Annexure -2 to the writ petition and the Fishery was settled for a period of three years from 20.4 93 to 19.4.96.

(3.) HEARD Mr. P.G. Baruah, learned Counsel for the writ Petitioners and Mr. D.N. Choudhury, learned Counsel for the Respondent No. 4. Also heard Mr. B. Banerjee, learned Government Advocate.