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2024 Supreme(Gau) 1068

DEVASHIS BARUAH
Dibrugarh Fishery Co-operative Society Limited – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Fishery Department – Respondent


Advocates Appeared:
For the Petitioners: Mr. S. Banik, Mr. A. Rahman, Mr. N. K. Kalita, Mr. D. Saikia, Mr. N. Borah, Mr. M. Dutta.
For the Respondents: Mr. S. Borthakur, Mr. P. Sarma, Mr. S. Baruah.

JUDGMENT :

Devashis Baruah, J.

Heard the learned counsels appearing on behalf of the petitioners in the batch of the writ petitions. Mr. S. Borthakur, the learned counsel appears on behalf of the Mising Autonomous Council (for short, referred to as ‘MAC’); Mr. P. Sarma, the learned counsel appears on behalf of both the Fishery Department of the Government of Assam as well as the Assam Fishery Development Corporation Ltd. (for short, ‘the AFDC’) and Mr. S. Baruah, the learned counsel appears on behalf of the State of Assam.

2. In the instant batch of writ petitions, the petitioners herein who are either having settlement from the Fishery Department of the Government of Assam or under the AFDC or are intending settlement holders of the Fisheries under the Fishery Department of the Government of Assam as well as the AFDC have approached this Court challenging the Notice Inviting Tenders issued by the MAC on the ground that the MAC does not have the jurisdiction and authority to settle fisheries in terms with the extant law.

3. Be that as it may, this Court finds it relevant to deal briefly the NIT which has been challenged in the batch of writ petitions as herein under:-

WP(C) No.3065/2024

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