SURENDRANATH BARMAN Vs. THE STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) THIS Rule was obtained on 24 -8 -1971 challenging the validity of Rule 13 of the Rules for Settlement of Fisheries published in the Assam Gazette Extraordinary dated 7th August, 1971, as violative of Article 14 and Article 19 (1) (g) of the Constitution and for quashing the notice of sale of fisheries dated 12th August, 1971 issued by the Deputy Commissioner, Goalpara.

(2.) THE petitioner was settled with 1/87 Dharnad Brahmapuhia Part I fishery for the years 1968 -69 and 1969 -70. After expiry of the period, the lease was extended up to 31st May, 1971. The petitioner was informed, inter alia, while granting the last extension, that if in the meantime any new rules were framed, tenders would be invited in accordance with the said rules. The Fishery Rules were amended by a Notification of 7th August, 1971. By notice dated 12th August, 1971, the Deputy Commissioner, Goalpara, invited tenders for this fishery along with other fisheries for a period of 2 years 7 months from 1 -9 -71 to 31 -3 -74 and that tenders were to be submitted by 26th August, 1971. A list of registered fisheries of Dhubri sub -division showing the previous annual value and the percentage in which such registered fisheries had been classified was also enclosed with the notice of sale. In this list, the previous annual value of this fishery is shown as Rs. 50,820 and it is included in the reserved quota of 60%. It is admitted, as also will appear from the list, that there are 29 registered fisheries in the Dhubri subdivision, out of which, 16 fisheries have been classified as falling under 60% and the remaining 13 as under 40%. The petitioner's fishery falls under the 60% class.

(3.) WE will, therefore, read Rule 13: