BARADA KANTA BISHYA AND ANR. Vs. ASSAM BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) THESE rules arise out of the following circumstances and relate to the settlement, of No. 1 Upper Part of Brahamaputra No. 1A Brahmaputra Chapari and No. 2 Middle part of Brahamaputra Fishery for three years 1966 -69.

(2.) THE Petitioner in Rule No. 395 offered Rs. 20,125.00 per year on tenders being called. Rajaduar Fishery Co -operative Society which is arrayed as opposite party No. 2 in Rule No. 395 also made an offer. The Additional Deputy Commissioner by his order dated the 2nd February 1966 settled the fisheries with, Rajaduar Fishery Co -operative Society. Against this order of settlement the Petitioner society preferred an appeal before the Assam Board of Revenue. The Board of Revenue by its order dated the 16th August 1966 allowed the appeal of the Petitioner society and set aside the settlement made with the Respondent No. 2 Rajaduar Fishery Co -operative Society in Rule 395 but sent back the whole matter to the Deputy Commissioner for resettlement. As against this decision of the Board an application has been filed by Shri Barada Kanta Bishya on behalf of the Gauhati Machdhara and Becha Kina Fishery Co -operative Society Ltd., which has given rise to rule No. 395. The prayer of the Petitioner is that the Board of Revenue after setting aside the settlement made by the Additional Deputy Commissioner should have settled the fishery with the Petitioner.

(3.) BY an application under Article 226 of the Constitution the order passed by the Government for settlement has been challenged and this has given rise to rule No. 405 of 1966.