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2009 Supreme(Gau) 514

HRISHIKESH ROY, P.K.MUSAHARY
Manash Padmabari Jiniram Fishery Cooperative Society Limited – Appellant
Versus
State of Assam – Respondent


Advocates:
Cases referred :
Shri Ganga Fisherman Samabay Samity Ltd. v. State of Assam 2007 (1) GLJ 696;
Brahmaputra Part II Mach Mahal Samabai Samity Ltd. v. State of Assam, 2003(1) GLT 155;
Arabinda Das v. State of Assam 1982 (1) GLR 280

JUDGMENT

Hrishikesh Roy, J.

1. Heard Mr. A.K. Goswami, learned Senior Counsel appearing for the petitioner M/s. Manash Padmabari Jiniram Fishery Cooperative Society Ltd. (hereinafter referred to as "the Manash Society"), which is registered within Goalpara District. Also heard Mr. K.K. Mahanta, learned Senior Counsel appearing for respondent No. 4, M/s. Kachudola Fishery Cooperative Society Ltd. (hereinafter referred to as 'the M/s. Kachudola Society') which is registered within Bongaigaon District Ms. H.M. Phukan, learned Govt. Advocate appears for the respondent Nos. 1 to 3.

2. This matter pertains to the settlement of No. 1, Dhar Brahmaputra Fishery a 60% category fishery which is required to be settled under Rule 12 of the Assam Fishery Rules, 1953 (hereinafter referred to as "the Fishery Rules"), with 100% actual fishermen groups, who are located in the neighbourhood of the fishery. After the amendment of the Fishery Rules brought in effect from 8th April, 2005, such fisheries are to be settled by tender system.

3. By the NIT dated 19.1.2006 (Annexure II), the Government invited tenders for settlement of the fishery for a period of 7 years with effect from 11.3.2006 to 10.3.2013.







































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