SELA CHARIKARIA FISHERY CO OP SOCIETY Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-5-105
HIGH COURT OF GAUHATI
Decided on May 24,2018

Sela Charikaria Fishery Co Op Society Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. R.M. Deka, learned counsel for the petitioner in both the writ petitions. I have also heard Mr. D. Doley, learned Government Advocate, Assam, appearing for the official respondents. Both these writ petitions arising out of common facts, raises identical issues for consideration of this Court and, therefore, are being disposed of by this common order.
(2.) The writ petitioner was the sitting lessee in respect of 40 No. Sela Charikaria Fishery, which was settled with it by the order dated 06/03/2009 for a term of 7 (seven) years on condition of payment of a sum of Rs..3,30,000/- per year. While operating the fishery, certain circumstances such as swelling of the soil in the river bed, encroachment etc. had allegedly taken place which had diminished the scope of fishing activities. According to the petitioners, such factors had drastically reduced its income potential. Under the circumstances, the petitioner had submitted a representation before the authorities seeking remission of the kist money.
(3.) It is not in dispute that the period of settlement of the firshery is already over and the petitioner society is no longer operating the fishery. Therefore, the only live issue surviving in both the writ petitions pertains to the question as to whether the petitioner society would be entitled to remission of upto 40% of the revenue/kist money as per recommendation made by the SDO(C) Dhakuakhana as well as the Circle Officer, Subansiri Revenue Cirle.;


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