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2021 Supreme(Bom) 384

UJJAL BHUYAN, MADHAV J.JAMDAR
Suresh Ramchandra Dhanu – Appellant
Versus
State of Maharashtra, Fisheries Department, Government of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Mr. Y.H. Muchhala, Senior Advocate a/w. Mr. Sagheer A. Khan, Mohd. Taha, Sharique Nachan, Parth Zaveri, Mohd. Shoeb, Azeem Shaikh and Akif Patel i/by Judicare Law Associates.
For the Respondents:Mr. Ashutosh Kumbhakoni, Advocate General a/w. Mr. Ashutosh M. Kulkarni, Special Counsel a/w. Mr. Gaurav Sharma, S.L. Babar, AGP and Mr. Aadesh Konde-Deshmukh, Ms. Gayatri Singh, Senior Advocate a/w Meenaz Kakalia i/by Zaman Ali.

JUDGMENT :

Ujjal Bhuyan, J.

Heard Mr. Y.H. Muchhala, learned senior counsel for the petitioners; Mr. Ashutosh Kumbhakoni, learned Advocate General for respondent No.1 -State; and Ms. Gayatri Singh, learned senior counsel for respondent No.2.

2. By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of order dated 05.02.2016 passed by the Joint Secretary to the Government of Maharashtra in the Agriculture, Animal Husbandry, Dairy Development and Fisheries Department.

3. By the impugned order dated 05.02.2016 issued under section 4(1) of the Maharashtra Marine Fishing Regulation Act, 1981, respondent No.1 i.e., State of Maharashtra in the Fisheries Department has regulated fishing in the territorial waters of the state in the manner indicated therein including non-granting of new licenses for purse seine/ ring seine fishing with the ultimate object of bringing down such fishing licenses to 182: allowing purse seine/ring seine fishing through mechanized vessel only during the period from September to December and that too within Zones II, III and IV as specified therein. In addition, certain other restrictions have been imposed such as mesh size.

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