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2022 Supreme(Gau) 19

KALYAN RAI SURANA
Nagaon District Federation of Fishermen Coop. Socoety Ltd. Rep. by Its Secretary – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Fishery Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.S N Krishnatraya, Mr. M. Choudhury, Advocate
For the Respondent:Mr. R. Talukdar, Govt. Adv., Mr. A. Sarma, Advocate

JUDGMENT :

Heard Mr. M. Choudhury, learned counsel for the petitioner in W.P.(C) 5561/2017 and Mr. K. Singha, learned counsel for the petitioner in W.P. (C) 6152/2017. Also heard Mr. R. Talukdar, learned Government Advocate, representing State respondent and Mr. A. Sarma, learned counsel for the settlement holder of the fishery in question, namely, Pub-Jaluguti Cooperative Fishery Society Ltd., arrayed as respondent nos. 4 in W.P.(C) 5561/2017 and respondent no. 5 in W.P.(C) 6152/2017. None appears on call for respondent no. 5 in W.P.(C) 5561/2017.

2. As both writ petitions arise from same order, at the instance of the learned counsel for the appearing parties, the matter had been analogously heard. In both the writ petition settlement of fishery to the private respondent, namely, Pub-Jaluguti Cooperative Fishery Society Ltd., has been challenged and the petitioners are seeking a direction upon the respondent authorities to settle the fishery in reference to the petitioners.

3. The Deputy Commissioner, Nagaon had issued a “Notice Inviting Tender” (NIT for short) dated 13.02.2017 for settlement of No. 4 Sonai Nadi Part-II Min Mahal of Nagaon, fixing the minimum revenue of Rs.3,52,118/-

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