BISHWANATH KUMALIA MEEN SAMABAI SAMITY LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant, M/s Biswanath Kumalia Meen Samabai Samity Ltd., was the petittioner in civil Rule No.4775/95. In that petition they have called in question the correctness and the legality of the orders made by the Government on 25.9.95, Annexure- D to the writ petition, and sought for quashing the same for the grounds taken in the writ petition. The learned Single Judge after hearing the learned counsel on both the sides, by an order made on 12th August, 1996, dismissed the writ petition for the reasons set out in the course of the said order. Aggrieved by that order, the appellant has come up with this writ appeal challenging the correctness, of the order of the learned Single Judge for the; grounds taken in the appeal.

(2.) We have heard the learned counsel for the appellant and Mr. S.S. Dey, the learned Govt. Advocate, who has produced the original records and also the learned counsel for the 'Contesting respondent.

(3.) A few facts which are necessary for disposal of this appeal are as follows: M/s Biswanath Kaiborta Co- operative Fishery Society Ltd., the respondent No. 2 herein, had been a rival applicant seeking settlement of Biswanath Brahmaputra & Baghmara Brahmaputra Fishery in the Sonitpur District. There is no dispute that both the rivall claimants are registered co-operative institutions. The Government after considering the rival applications, their merits and demerits, passed an order on 28.3.95, by which the right of fishing in the Fishery was settled in favour of the 2nd respondent. Aggrieved by this settlement order in favour of respondent No. 2, the petitioner, M/s Biswanath Kumalia Meen Samabai Samity Ltd., who had been a rival claimant, approached this Court challenging that order of the Government. In the course of the writ petition in Civil Rule No. 1835/95, it was brought to the notice of this Court that as on the date when the writ petition was filed, a representation presented by the writ petitioner had been pending before the Government for consideration. The Writ Court with a view to enable the Government to hear and dispose of that representation pending before the Government, by an order dated 8.5.95, directed the Government to consider the representation made by the petitioner and to dispose of the representation in accordance with the law. Thereafter, the matter came up for consideration before the Government. The Government after considering the representation and after hearing the parties of both sides, passed an order on 25th September, 1995, reaffirming the earlier order made by the Government settling the right of fishing in the Fishery in favour of the second respondent. Aggrieved by this order, the writ petitioner presented Civil Rule No. 4775/95, challenging that order of the Government.