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2020 Supreme(Gau) 758

KALYAN RAI SURANA
Katahguri Meen Samabay Samity Ltd. – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For the Appellant R.K. Bora, Advocate
For the Respondents:S.S. Roy, GA, S. Banik and J.I. Borbhuiya, Advocates

ORDER :

Kalyan Rai Surana, J.

1. Heard Mr. R.K. Bora, the learned counsel for the petitioner, Mr. S.S. Roy, learned Govt. Advocate for State respondents No. 1, 2 and 3, Mr. S. Banik, learned counsel for respondent No. 4, and Mr. J.I. Barbhuiya, learned counsel for respondent No. 5.

2. The discontinuance of the settlement of 25 No. Dhepujijan, 28 No. Garonga, 103 No. Garsag, and 104 No. Malia group fishery with the petitioner is the subject matter of challenge in this writ petition filed under Article 226 of the Constitution of India.

3. The case projected by the petitioner society is that the competent authority vide order No. FISH 193/2010/Pt/294 dated 14.12.2012, had settled the said fishery with the petitioner for a period of 7 years. Upon challenge made by the unsuccessful bidder, this Court by a common judgment and order dated 27:11.2013 in W.P.(C) Nos. 138/2013 and 328/2013, had set aside the said order of settlement made in favour of the petitioner. Nonetheless, vide order No. FISH 193/2010/Pt-I/373 dated 17.12.2013, the competent authority had allowed the petitioner society to run the said fishery on daily basis till finalization of fresh settlement. The aggrieved petitioner fi

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