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2003 Supreme(Gau) 488

AMITAVA ROY
Katahgurimin Samabai Samittee Ltd. – Appellant
Versus
Tepori Sonai Morisuti Meen Samabai Samittee Ltd. – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: A.M. Mazumdar, A.K. Purkayastha, S.K. Sinha and J. Paul, Advs.
For Respondents/Defendant: G.A., K.N. Choudhury and I. Choudhury, Advs.

JUDGMENT

Amitava Roy, J.

1. The controversy involved in the above two writ petitions centers around the settlement of No. 38 Morisuti Fishery of Morigaon District (hereinafter referred to as the 'Fishery'). In WP (C) 3496/03, the Petitioner therein had approached this Court apprehending cancellation of the settlement order dated 23.4.03, settling the fishery in its favour. In WP (C) No. 7373/03 the settlement of the same fishery in favour of M/S Kotahguri Meen Samabai Samittee Limited, the Respondent No. 4, vide order dated 11.8.03 has been assailed. Misc. Case No. 1146/03 was registered on 18.8.03 on an application praying for review of the order dated 12.8.03 passed by this Court in Misc. Case No. 1086/03 in WP (C) No. 3496/03 observing that the interim settlement of the fishery made in favour of the Petitioner on 4.8.03 shall not be disturbed till a fresh settlement is made by issuing a tender notice.

2. I have heard Mr. A.M. Majumdar, learned Sr. Counsel for the Petitioner, Mr. K.N. Choudhury, learned Sr. Counsel assisted by Mr. I. Choudhury, for Respondent No. 4 and Miss R. Chakravorty, learned State Counsel for official Respondents.

3. It would be necessary at the outset to have















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