BRAHMAPUTRA PART II MACH MAHAL SAMABAI SAMITY LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals are directed against the common judgment and order dated 30.5.2002 passed by the learned Single Judge disposing of the writ petitions being W.P.(C) No. 1181/2002 and W.P.(C) No. 1580/2002. The writ petitioners are in appeal before us being aggrieved by the impugned judgment and order dismissing the writ petitions.

(2.) We have heard Mr N.C. Das, learned senior counsel assisted by Smt. B. Begum, advocate for the appellant in Writ Appeal No. 267/2002, Mr. P.C. Kalita, advocate for the appellant in Writ Appeal No. 366/2002, Mrs A. Hazarika, learned Additional Senior Govt. Advocate, Assam for the State respondents and Mr P. Pathak, learned senior counsel assisted by Mrs P. Barman, advocate for the private respondent-M/s. Bhitorkakila Mach Poha and Matshya Babasayee Samabai Samity Ltd., Bhitorkakila, P.O. Nimatighat.

(3.) The matter relates to settlement of Brahmaputra Part-II Fishery of Sibsagar District (hereinafter referred to as the Fishery) under proviso to Rule 12 of the Assam Fisheries Rules, 1953 (hereinafter referred to as the Rules). The relevant facts necessary for adjudication of the issues involved can be summarised thus.