GAHC010085402022 2025:GAU-AS:8707 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3079/2022 M/S PARGHAT KAIBARTA MIN SILPA SAMABAI SAMITI LTD.

P.O.- GHILAMARA, DIST.- LAKHIMPUR, REPRESENTED BY ITS SECRETARY, SRI HARENDRA HAZARIKA.

VERSUS THE STATE OF ASSAM AND 5 ORS.

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-

781006.

2:JOINT SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI- 781006.

3:DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI- 781006.

4:THE DEPUTY COMMISSIONER LAKHIMPUR.

5:THE DISTRICT FISHERY DEVELOPMENT OFFICER LAKHIMPUR.

6:M/S KARHA FISHERY SAMABAI SAMITTEE LTD.

VILL. PUTHIKATHI PO- BATMARI DIST.- LAKHIMPUR- 782122 Advocate for the Petitioner : MR. I CHOWDHURY SR ADV, MS G DAS,MR T DAS,MR. S BISWAKARMA Advocate for the Respondent : GA, ASSAM, MS M BORAH(r-6),MS. M DEVI (r-6),MR. A DAS (r-

6),MR. N C DAS (r-6)

Linked Case : WP(C)/2744/2022 CHITRA DAS SECRETARY OF KARHAPARIYA ANCHALIK KOIBARTA SURAKHYA SAMITY SON OF CHANDA DAS BATAMARI GHILAMARA P.O. AND P.S. GHILAMARA SUB-DIVN- DHAKUWAKHANA DIST. LAKHIMPUR PIN- 787053 ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS.

REPRESENTED HEREIN BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-06 ASSAM

2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-06 ASSAM

3:THE DISTRICT FISHERY DEVELOPMENT OFFICER LAKHIMPUR ASSAM PIN- 787001.

4:THE DEPUTY COMMISSIONER NORTH LAKHIMPUR PIN- 787001 ASSAM

5:THE ADDITIONAL DEPUTY COMMISSIONER (I/C)

DHAKUAKHANA PIN- 787053 NORTH LAKHIMPUR ASSAM

6:THE SUB-DIVISIONAL OFFICER (SDO)

DHAKUWAKHANA SUB-DIVISION DIST. NORTH LAKHIMPUR ASSAM

7:THE ADVISORY COMMITTEE (FOR SETTLEMENT OF KORHA FISHERY PART-II)

DHAKUAKHANA DIST. NORTH LAKHIMPUR ASSAM

8:M/S. KARHA FISHERY SAMABAI SAMITY LTD.

BATAMARI DHAKUAKHANA DIST. LAKHIMPUR ASSAM ------------

Advocate for : MR DEBA SARMAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 7 ORS.

Linked Case : WP(C)/6026/2022 M/S PARGHAT KAIBARTA MIN SILPA SAMABAI SAMITI LTD.

P.O.-GHILAMARA DIST- LAKHIMPUR REPRESENTED BY ITS SECRETARY SRI HARENDRA HAZARIKA VERSUS THE STATE OF ASSAM AND 6 ORS.

REPRESENTED BY THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-781006

2:JOINT SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-781006

3:DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-781006

4:THE DEPUTY COMMISSIONER LAKHIMPUR ASSAM

5:THE DISTRICT FISHERY DEVELOPMENT OFFICER LAKHIMPUR ASSAM

6:THE ADDITIONAL DEPUTY COMMISSIONER DHAKUAKHANA DIST-LAKHIMPUR ASSAM

7:M/S KARHA FISHERY SAMABAI SAMITEE LTD.

VILL-PUTHIKATHI P.O.-BATMARI DIST-LAKHIMPUR-782122 ------------

Advocate for : MR. I CHOWDHURY SR ADV Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS.

BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

JUDGMENT

Date : 26-06-2025

1. Heard Mr. I. Chowdhury, learned Senior Counsel assisted by Mr. S. Biswakarma, learned counsel for the petitioner in WP(C) No. 3079/2022 and in WP(C) No. 6026/2022, and Mr. A. K. Gupta, learned counsel for the petitioner in WP(C) No. 2744/2022. Also heard Ms. U. Das, learned State counsel representing the State respondents and Ms. M. Devi, learned counsel for the private respondentin all the writ petitions, in whose favour, the settlement dated 07.04.2022 was made, pursuant to an NIT.

2. These three writ petitions are taken up together for final disposal, as agreed by the contesting parties, more particularly, for the reason that the subject matters of these three writ petitions relate to challenge to the order of settlementdated 07.04.2022,whereby, Karha Part-II Fishery in Dhakuakhana Sub-Division in the district of Lakhimpur was settled in favour of the private respondent i.e. M/s Karha Fishery Samabai Samity Ltd. (hereinafter referred to as M/s Karha). Such settlement order was issued under the signature of the