Manojit Bhuyan, J. (CAV) - The petitioner is a Co-operative Society comprising of 100% actual fishermen of Scheduled Caste community, duly registered under the Assam Cooperative Societies Act, 1949 (as amended) and located in the neighbourhood of 1/77 Dighdhar Brahmaputra Fishery under Goalpara District. The said fishery is a 60% category fishery in terms of Explanation 2 to Rule 12 of the Assam Fishery Rules, 1953. The respondent no.4, which the petitioner claims to be a defunct Cooperative Society, is impleaded as party respondent due to grievance raised in respect of granting extension of lease of the fishery to it by flouting Government norms and without due application of mind. In the present proceedings, the respondent no.2, i.e. the Deputy Commissioner, Goalpara as well as the private respondent no. 4 has responded to the writ petition by filing affidavit-in-opposition. The records in original have also been produced by Mr. B.J. Talukdar, learned State Counsel.

2. A brief look at the events occurring prior to the cause of action necessitating institution of the present case would show that the petitioner had earlier filed W.P(C) 6392/2006 praying for consideration of its