PAHARATDIN AHMED Vs. BHATTI BANGAON

JUDGEMENT

(1.) This is an appeal purporting to be an appeal under Rule 190 of the Rules framed under the Assam Land and Revenue Regulation.

(2.) The facts of the case are these: On 2nd Dec. 1948, the Subdivisional Officer, Sibsagar, forwarded to the Deputy Commissioner Sibsagar, Jorhat, a petition of one Nagaram Gaonbura and others and a petition of Mvi Pabaratain Ahmed, the appellant, for settlement of Demow Fishery otherwise than by sale. The S. D.O., Sibsagar, had recommended the petition of the appellant 'or the following reasons. According to the S.D.O., the appellant, Mvi. Paharatdin Ahmed, had obtained fishing rights for 3 years from 1st April 1946 to 31st March 1949 on an annual payment of Rs.2600 on certain conditions which included the clearing of water-hyacinths within the first year of the lease and an undertaking to supply one maund of fish daily to Sibsagar Town during the months of July to Sept. on a rate fixed by the Sub-divisional Officer. The S. D.O., Sibsagar, reported that the appellant had carried out the conditions of the lease and had spent a considerable amount of money in clearing water-hyacinths and removing logs and had supplied fish in the Municipal Market according to the terms of the lease. He, therefore, recommended that the Government should settle the fishery upon the appellant for a term of 3 years from 1st April 1949 to 31st March 1952 The Deputy Commissioner, Sibsagar, forwarded the petitions to the Government recommending that the fishery be settled upon the appellant. The Government of Assam, however, did not agree with the recommendations of the S. D.O., or the Deputy Commissioner and passed the following order dated 10th Feb. 1949:

(3.) The Sub-divisional Officer, on receipt of the order passed by Government, passed the following order on 24th Feb. 1949: