Decided on December 06,1951

Keshab Prosad Appellant
Gamiri Kharai Chaiduar Fishermen Society Ltd. Respondents


Deka, J. - (1.) THIS is an appeal against an order of settlement of a fishery with the respondents by cancelling the settlement with the appellant by the Deputy Commissioner of Darrang on the basis of a certain order passed by the Government of Assam with respect to the settlement of the fishery. Facts are practically admitted, - -the main question is whether an appeal is competent against that order.
(2.) THE facts leading to this appeal are as follows. The Government of Assam by its letter dated 1 -2 -1951 asked the Deputy Commissioner, Darrang to put the Chaiduar Brahmaputra Fishery to public auction and then to submit the bid list to the Government with his recommendations for the purpose of direct settlement under R. 190 A of the Executive Instructions, chap. X of Part VI, Assam Land Revenue Manual. The Deputy Commissioner accordingly submitted his report dated 26 2 -1951 recommending settlement with the appellant who was the highest bidder in the auction. The Government accepted the recommendations of the Deputy Commissioner and by its letter dated 17 -3 -1951 sanctioned under R. 190A the settlement of the fishery with the appellant for a period of three years from 1 -4 -1951 at an annual revenue of Rs. 17,700 on usual terms and conditions. The Deputy Commissioner in pursuance of the said Government order, issued a letter to the appellant dated 21 -3 -1951 intimating that the Government had allowed settlement of the fishery in his favour and he was called upon to deposit one fourth of the purchase money on 28 -3 -1951. On 22 -3 -1951 the Deputy Commissioner received a telegram from the Revenue Secretary dated 21 -3 -1951 staying delivery of possession of the fishery to the appellant 'pending further orders of the Government on revision petition since filed.' It appears from a certified copy filed in this Court that the respondents moved the Government against the order of settlement of the fishery by a petition dated 21 -3 -1951. This revision petition was presumably heard by the Hon'ble Revenue Minister in presence of the parties and the Government by its letter dated 13 -4 -1951 vacated its order of settlement of the fishery dated 17 -3 -1951 in favour of the appellant and directed the settlement of the fishery for the year 1951 -52 with the respondents the Gamiri Kharai Chaiduar Fishermen Society Ltd. - - at Rs. 17,700 minus 10% rebate concession, subject to the condition that they will have to fish themselves. The Deputy Commissioner, Darrang, acting on this letter cancelled the previous settlement entry in the Fishery Settlement Register in favour of the appellant and directed the respondents to accept settlement on the terms indicated in the Government letter of 13 -4 -1951. Against this action of the Deputy Commissioner, Darrang, the appellant has come up in appeal.
(3.) IT has been contended on behalf of the appellant that the settlement of the fishery being completed under Government's order dated 17 -3 -1951, - -there was nothing left over for fresh settlement with the respondents either by the Government or by the Deputy Commissioner and that the order of cancellation of the settlement with the appellant was not provided for under the Assam Land and Revenue Regulation or by the rules framed thereunder for settlement of fisheries.;

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