O R D E R

05.01.2021 Heard Mr. S. K. Goswami, the learned counsel for the petitioner. Mr. A Sarma, the learned Standing Counsel for the AFDC Ltd. is present. Also present Ms. K Phukan, learned State counsel representing respondent Nos. 1,4 and 5.

The petitioner was settled with No. 11/97 Tariasora fishery for a period of 7 (seven)

years commencing from 2013-14 to 2019-20 at an annual revenue of Rs. 16,64,000/-. It is stated that the total area of the fishery is about 50 hectares. Vide letter dated 23.08.2016 issued by the Managing Director, AFDC requested the Deputy Commissioner, Dhubri to demarcate the Tariasora fishery, however, no such demarcation took place and as a consequence the petitioner had to operate the fishery partially as against the total area settled to her. The grievance of the petitioner is that due to non-demarcation of the said fishery the petitioner is suffering losses though the petitioner is ready to pay the annual revenue fixed at the time of settlement of the fishery. Vide order dated 24.02.2020, on production of the letter dated 03.06.2019 issued by the Additional Deputy Commissioner, Dhubri to the Managing Director, AFDC it was recorded that a field verification was carried out as per the request of the Managing Director, AFDC. The content of the said letter is again reproduced hereinbelow:

“GOVERNMENT OF ASSAM OFFICE OF THE DEPUTY COMMISSIONER::: DHUBRI::: DIST::: DHUBRI ::: REVENUE FISHERY BRANCH:::

NO.DRF.43/2014/340 Dated, Dhubri the 03.06.2019 To, The Managing Direcotr, Assam Fisheries Development Corporation Limited, Chachal, VIP Road, Guwahati.

Sub: Regarding demarcation of 11/97 of Tariachora Gr. Gishery of Dhubri District.

Ref: Your Letter No.AFDC.320/2017/3017 dated 9/11/17.

Sir, With reference to the subject cited above, I have the honour to inform you vide letter under reference that land measuring 376 Bigha 2 Katha 16 Lessa of Revenue Village Sukhatikhata and land measuring 25 B-1K-4L bearing Dag No. 72 of Khagrabari Dhorarghat under Gauripur Rev. Circle of Dhubri District is recorded as Tariachhara Bill.

As per field verification of the Asstt. Settlement Officer, Gauripur Rev. Circle, it is seen that land measuring 376 Bigha 2 Katha 16 Lessa bearing Dag No. 928 of village Sukhatikhata has been possessing by the lessee Smt. Madhabai Bala Barman since 2013 but land measuring 25B-1K-4L bearing Dag No. 72 of Khagrabari Dhorarghat has not been possessing by the lessee Smt. Madhabi Bala Barman as per record.

A copy of letter vide No. GRP.1/2018/182 dated 12.03.2019 received from the Asstt.

Settlement Officer, Gauripur Rev. Circle is enclosed herewith for your ready reference.

Enclo: As stated above. Yours faithfully Additional Deputy Commissioner Dhubri No.DRF.43/2014/340-A Dated, Dhubri the 3/6/2019 Copy to Smt. Madhabi Bala Barman, Lesse of 11/97 Tariachora Gr. Fishery, C/O- Sri Phanindra Nath Barman, Vill & PO- Asharikandi, PS- Gauripur, Dist- Dhubri for information.

Additional Deputy Commissioner, Dhubri.”

As per the field verification, the fishery i.e. Tariasora fishery is found covered by two Dag numbers bearing 928 and 72 out of which land measuring 376 Bighas 2 Kathas and 16 Lechas is covered by dag No. 928 of revenue village Sukhatikhata and another area of land measuring 25Bighas 1Katha 4Lechas is covered by Dag No. 72 of village Khagrabari Dhorarghat under Gouripur Revenue Circle of Dhubri district. The total land covered by Dag No. 928 is under possession of the petitioner as per the letter of the Additional Deputy Commissioner, Dhubri and the land measuring 25 Bighas 1 Katha 4 Lechas covered by Dag No. 72 is not under possession of the present petitioner.

The petitioner has filed this writ petition with a prayer for removal of the encroachment of a portion of the fishery and till such clearance of the fishery from the encroachment she sought for a direction to the Managing Director, AFDC for remission of the proportionate revenue. From the letter dated 03.06.2019 of the Additional Deputy Commis