LAWS(GAU)-2024-1-12

MD. MASIUR RAHMAN Vs. STATE OF ASSAM

Decided On January 04, 2024
Md. Masiur Rahman Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. I. Alam, the learned counsel for the petitioner and Mrs. U. Das, the learned Additional Senior Government Advocate, Assam appearing on behalf of the respondent Nos.1 to 6. Also heard Mrs. R. Choudhury, the learned counsel appearing on behalf of the respondent Nos.7 and 8.

(2.) The instant writ petition has been filed by the petitioner challenging the order dtd. 29/6/2020 passed by the Settlement Officer, Cachar and Hailakandi Districts who is the respondent No.4 in the instant proceedings whereby the 2nd Class Fishery Nos.8, 9 and 10 of Cachar District was allotted to the respondent Nos.7, 8 and the petitioner respectively.

(3.) The facts as could be discerned from the writ petition is that the respondent Nos.7 and 8 were permitted to catch fish from the 2nd Class Fishery vide an order dtd. 23/9/2002 passed by the respondent No.5. The permission so granted to the respondent Nos.7 and 8 was subject to certain conditions. The said conditions were incorporated in the order dtd. 23/9/2002 which has been enclosed as Annexure-3 to the writ petition. Taking into account its relevance, the said conditions are incorporated herein under: