NURUDDIN AHMED Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) NURUDDIN Ahmed, petitioner in this case, has applied for suitable writs under Article 226 of the Constitution of India against the State of Assam, Under -Secretary to the Government of Assam in the Revenue Department, the Deputy Commissioner of Cachar and Illias Ali,, respondent 3, in the following circumstances:

(2.) FISHERY No. 11, River Kushiara is on the register of fisheries maintained by the Revenue Department. It is a first class fishery. It is alleged that the fishery since its registration was being settled by auction in accordance with the rules which regulate the settlement of fisheries. Illias Ali, respondent 3 was the lessee in respect of the fishery for the last two terms viz., from 1949 -50 to 1954 -55. He got the settlements by bidding at the auction sales.

(3.) SHREE U. K. Sarma, the Under -Secretary, Revenue Department, has sworn the affidavit in opposition. He has affirmed that respondent 3 represented to the Government that he had suffered loss in the fishery on account of illegal interference from Pakistan nationals. The Government after considering his representation and with a view to giving him a chance to make good the loss lifted this fishery from the Deputy Commissioner's list and directed settlement of it with respondent 3.