TRIBENI MATSHYAJIBI SAMABAI SAMITTEE LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr A.K. Bhattacharyya, learned counsel for the petitioner, and Mr K.N. Choudhury, learned counsel for the respondent No. 3 and also Mr A.C. Buragohain, learned Govt. Advocate.

(2.) The matter relates to settlement of No. 5 Sonai Nadi, Part-Ill Fishery in the District of Morigaon.

(3.) The facts in brief leading to the filing of the present petition are that No. 5 Sonai Nadi, Part-Ill Fishery in the district of Morigaon, for short, the fishery, is a 60 percent fishery and the said fishery was settled with the petitioner for a period of five years from 1.4.2001 to 31.3.2006 vide order dated 31.3.2001. However, in view of the directions given by this Court in W.P.(C) No. 2292/2001, preferred by the respondent No. 3 the said settlement was kept in abeyance and the matter was heard again. Thereafter vide order dated 10.4.2001 the said fishery was again settled with the petitioner society. It may be mentioned here that the respondent No. 3 was the sitting lessee in respect of the said fishery for long 14 years and their prayer for resettlement was rejected on certain grouHs mentioned in the order. However, the tant Registrar of Co-operative Society was directed to make an enquiry regarding the allegations levelled against the respondent No. 3 society. Subsequently a report was submitted by the Deputy Registrar, Co-operative Society. Nagaon and basing on the said report vide impugned order dated 14.6.2001, the settlement in favour of the petitioner society was cancelled and the fishery was settled with the respondent No. 3. Hence the present writ petition.