BIPLAB KUMAR SHARMA
Subansiri Koiborta Meen Palan Self Help Group represented – Appellant
Versus
Commissioner and Secretary to the Govt. of Assam – Respondent
B.K. Sharma, J.
1. The challenge in this writ petition is the Annexure-K order dated 14.12.2009, by which the fishery namely Subansiri Reserve Fishery Mahal was settled with the Respondent No. 6 pursuant to the Annexure-J Re-sale notice dated 14.7.2009. The Re-sale notice and the settlement order both had been issued by the Divisional Forest Officer, Dhemaji Division, Dhemaji.
2. The Petitioner is the settlement holder of No. 7 Bhati Subansiri Meen Mahal Fishery under North Lakhimpur Sub-division, which was settled with him by Annexure-B order dated 2.2.2009. Such settlement is for a period of 7 years with effect from the date of delivery of possession of the fishery. The settlement was made in favour of the Petitioner pursuant to the sale notice dated 11.7.2008 (Annexure-A) issued by the Deputy Commissioner, North Lakhimpur, Lakhimpur. According to the Petitioner after handing over of the fishery to him, he made Annexure-H representation dated 10.8.2009 to the Respondent No. 3 i.e. the Commissioner & Secretary, Fishery Department for demarcation of the boundary of the fishery. According to him, although he was settled with the fishery covering 75 KM, but in fact he got posse
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