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2022 Supreme(Gau) 452

MANISH CHOUDHURY
29 No. Nekera Lekera Min Samabay Samity Limited, Represented by its Secretary, Sri Niranjan Roy, S/o-Late Girindra Roy – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. Banik, Advocate.
For the Respondent:Mr. D.K. Sharma, Mr. M.K. Choudhury, Mr. P. Bhardwaj, Advocate.

JUDGMENT :

The petitioner has instituted this writ petition under Article 226 of the Constitution of India challenging an order dated 05.02.2021 passed under the hand of the Joint Secretary to the Government of Assam, Fishery Department [the respondent no. 2], whereby, the term of a fishery named 29 No. Nekera Nekeri Fishery, District – Morigaon [‘the Fishery’, for short] had been extended for a period of 2 [two] years, after expiry of the regular settlement period of 7 [seven] years on 25.03.2021, in favour of the then existing lessee viz. M/s No. 129 Haria Dablong Meen Samabai Samity Limited [hereinafter referred to as ‘the respondent no. 8 Society’, for convenience].

2. The background facts, in brief, are that pursuant to a tender process, the Fishery came to be settled with the respondent no. 8 Society vide an Order dated 18.02.2014, followed by another Order dated 14.03.2014, for a period of 7 [seven] years w.e.f. the date of handing over possession of the Fishery. The Fishery was settled with the respondent no. 8 Society at a settlement amount of Rs. 6,55,000/-per annum. The term of settlement of 7 [seven] years was due to expire on 25.03.2021.

2.1. The impugned order dated 05.0

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