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1993 Supreme(Gau) 252

D.N.BARUAH
Chandrapur Anchalik Mean Samabai Samity Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
A.K.Goswami, B.L.Singh, H.S.Thangkhiew, B.Choudhary, U.Bhuyan, S.N.Bhuyan, N.M.Lahiri

In this writ application under Article 226 of the Constitution, the petitioner has challenged the Annexure II order dated 14th August, 1989 issued by the second respondent extending the term of lease of No. 43 Khamrangajan and Khamranga Beel Fishery in favour of fourth respondent for a period of three years with effect from 1.4,93 and prayed for issuance of appropriate writ for quashing the said order. ,,

2. The case of the petitioner society is that fourth respondent is a sitting lessee of the aforesaid fishery and has been enjoying the fishery for the last 18 years. The first settlement was made in 1974. According to the petitioner the last extended term of lease was to expire on 1.4.93 and on coming to know of this, petitioner decided to bid for the fishery. However, later on the petitioner came to know that second respondent extended the lease for further term of three years wef 1.4.93 in favour of fourth respondent. The extension order was passed before expiry of the term of previous extension in purported exercise of powers under proviso to Rule 8 (b) (ii) of the Rules for Settlement of Fisheries. According to the petitioner, this Rule does not envisage any extension during th



















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