HARINATH DAS Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) ALL these three cases arise out of the same proceeding and can be dealt with by one common judgment. Briefly the facts giving rise to these cases are that on 7th February, 1957, an auction for settlement of fishery No. 23 Chilochi beel along with two other fisheries Nos. 23 and 57 in a group for settling them for three years - 1957 -58, 1958 -59 and 1959 -60 was, held by the Sub -divisional Officer, Barpeta. As many as 5 bidders participated in the auction Harinath Das, who will hereinafter be called the Petitioner and Bharat -Chandra Das, who is the opposite party No. 3 in the petition filed by Harinath and will hereinafter be called opposite party, were two of the bidders.

(2.) THE papers of the auction sale were then forwarded to the Commissioner of Plains Division, Assam, for confirmation of the sale as provided under the Fishery Settlement Rules. The Petitioner further states that he came to know that an appeal was also filed on behalf of the opposite party, challenging the settlement of the fishery by the Sub -divisional Officer with the Petitioner on the ground that he had given a further bid of Rs. 21,000/ - which was not recorded by the Sub -divisional Officer. It was also claimed by Bharat Ch. Das that he was a member of the Namasudra community and thus entitled to be given preference.

(3.) IN the exercise of the powers conferred by Sections 155 and 156 of the Assam Land and Revenue Regulation, 1886 and by Section 6 of the Indian Fisheries Act, 1897 (Act IV of 1897), the Governor of Assam has framed certain rules for the settlement of the fisheries. The first part of the rules deals with the general matters and settlement of fisheries. The term 'fishery' has been defined under Rule 1(a) of the Rules as meaning water declared to be a fishery by proclamation issued under Section 16 of the Assam Land and Revenue Regulation 1886 (I of 1886) and includes Khcos or fishways, dobas and beels; and fish includes shellfish and turtles. Rule 2 of the Rules provides for the maintenance of a Register of the fisheries. Rule 3 which provides for the sale of the fisheries is as follows: