NO 35 PAKARIA MIN SAMABAI SAMITY LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal has been filed against the judgment dated 18.7.96 given by the learned Single Judge in Civil Rule No. 1316 of 1996.

(2.) We have heard Mr. N.M.. Lahiri, learned counsel appearing for the appellant, assisted by Mr. A.K. Goswami and Ms. B. Goel. Mr. A.R. Barthakur, learned counsel has appeared on behalf of the Assam Fisheries Development Corporation Ltd. Mr. B.P. Bora, learned Sr. Govt. Advocate has appeared for the State respondent and Mr. N. Dutta, learned counsel has appeared for the Respondent No.5.

(3.) The brief facts for the purposes of adjudicating the controversy raised in the present appeal are .that the No. 35. Pakaria Min Samabai Samity Ltd. in the district of Morigaon admittedly had been settled prior to 12.3.96 in favour of respondent No.5, on 8.3.96 the State Government settled the aforesaid fishery afresh for the period from 12.3.96 to 11.3.2000 in favour of Respondent No.5. It is this order of settlement dated 8.3.96 passed in favour of the Respondent No.5 which was challenged in the Civil Rule No. 1316/96, out of which this appeal arises and the learned Single Judge dismissed the Civil Rule by the impugned judgment.