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2017 Supreme(Gau) 1506

AJIT SINGH, MANOJIT BHUYAN
Raidak Burarchora Fishery Co-Op Society Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For The Appellant : Mr. M.K. Choudhury and Mr. M. Sarma
For The Respondent: Mr. R. Dhar and Mr. D.K. Sarmah

JUDGMENT :

MANOJIT BHUYAN, J.

A registered 60% category Fishery in Dhubri district, called Gr. No. 7/93 Raidak Fishery, was settled with the respondent No. 6 vide Settlement Order dated 22.11.2016 for a period of 7 years. This order was put to challenge by the appellant as the writ petitioner in the related WP(C) No. 7198/2016. The writ petition was dismissed vide judgment and order dated 22.6.2017, prompting filing of the present appeal.

2. We have heard Mr. M.K. Choudhury, learned senior counsel for the appellant, assisted by Mr. M. Sarma, advocate. Also heard Mr. R. Dhar, learned additional senior Government advocate, Assam for respondent Nos. 1 to 5 and Mr. D.K. Sarmah, learned counsel representing respondent No. 6. Mr. Dhar has also produced the office records in original for our perusal.

3. Challenge made to the order of settlement dated 22.11.2016 is basically on two grounds, namely, non-compliance of the conditions under clauses (j) and (k) of clause 4 of the terms and conditions of the NIT dated 17.12.2015 which clearly disentitled the respondent No. 6 to get the benefit








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