BAGHPORI MAIMAL MIN SAMABAI SAMITI LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) These writ appeals by the writ petitioners are directed against the judgment and order dated 9.8.96 passed by the learned Single Judge of this Court in Civil Rule Nos. 2093, 2161 of 199S. All these Writ petitions, have been disposed of by a common judgment and order dated 9.8.96. As has been noted above by the learned Single Judge, there has been civil litigation in the past. In the recent past, in respect of the fishery in question in case of every settlement, the unsuccessful society has approached this Court.

(2.) The Writ petitioner appellant is a co- operative society, registered under the Co- operative Societies Act, 1949, It was registered in 1953. It is the Writ petitioners claim that all its members are actual fisherman belonging to 'Kaibarta' community, which is included in the listed class. Its area of operation is Rangamati, Samabari, Sapai Mouzas of Darrang District consisting of 12 villages, lushing is the only source of livelihood of its members.

(3.) By order dated 20th April, 1994, the "No. 1 Darrang Brahmaputra Fishery' was settled with the appellant society for a period of 5 years, but this settlement was challenged by Baghpori Maimal Meen Samabai Sammittee Ltd., respondent No. 5 in W.A. 471/ 96, 458/96. With the result that the order of settlement was set aside and the matter was remanded to the Government of Assam for settlement applying the correct principles of law. On 5.4.95 the appellant society again applied for settlement of the fishery. Reports were called for. It is the appellant's claim that the reports were all favourable to the appellant sociely (M/s. Sati Radhika Matshyajibi S. S. Ltd.), But vide Government's order dated 19.5.95, the Deputy Commissioner, Darrang cancelled the settlement of the fishery made with rhe petitioner's society. In pursuance to order dated 9.5.95 passed by this Court in Civil Rule No. 1523/94, the fishery in question was settled with the Respondent No. 5 vide order dated 20th May, 1995. The petitioner society therefore filed a Writ petition, Civil Rule No. 2093X95. Similarly, M/s. Sati Radhika Matshyajibi Samabai Samittee Ltd., filed another Writ petitioner No. 2161/95, challenging the settlement of fishery in question with the respondent No. 5, who was respondent No. 3 in Civil Rule No. 2161/95.