JAHNOBI SAMABAI SAMITY LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The legality and validity of order of settlement dated 6th January, 1996 in respect of settlement of Uzan Lohit Kherkatia Suti Fishery of Lakhimpur District is under Challenge in this Writ Petition.

(2.) The relevant facts of (he case are breiefly narrated below : The State Govt received 3(three) applications for the settlement of the fishery in question which the Government proposed to settle under proviso to Rule 12 but however considering the fact that the Respondent No. 3 was the Sitting leasee and accordingly found him more suitable than foe Petitioner's Society and accordingly settled the Society with the Respondent No. 3. Hence the Writ Petition.

(3.) The main grievance of the Petitioner as raised by the Petitioner in this Civil Rule is that the Respondents acted at all relevant time in discriminatory and hostile manner towards the Petitioner's Society in settling the Fishery in question. According to learned Counsel for me Petitioner. Mr, Laskar though Petitioner's Society is in the neighbourhood in the Fishery in question was never favoured by the Rspondent/State authority in the distribution of Government largesses for the last 20 years. It was stated thai the Petitioner's society was registered in the year, 1976 as Fishery Co-operative of 100% actual fishermen in the neighbourhood of the Fishery concerned belonging to the Scheduled Caste Community of the State and the Respondents continuously preferred Respondent in allotment of Governmental Contract. Mr. Laskar, learned Counsel for the Petitioner submits that on the one hand the Government showed over generosity and favourism to the Respondent Nos. 5 and 4 over looking the genuine claim of the Petitioner.