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2025 Supreme(Online)(Gau) 11344

HIGH COURT OF GAUHATI
MR. JUSTICE N. UNNI KRISHNAN NAIR
BAHARI RESERVE GAON MIN SAMABAI SAMITTEE LTD – Appellant
Versus
THE STATE OF ASSAM – Respondent
WP(C) / 1888 / 2025



GAHC010078412025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2051/2025

MS PALLARPAM FISHERY SAMABAI SAMITEE LIMITED

A REGISTERED CO-OPERATIVE SOCIETY REP. BY ITS SECRETARY SITA

NATH DAS,R/O-VILL-NIJ BAGHBAR,P.O-BAGHBAR,PIN-781308,DIST-

BARPETA,ASSAM

2: MS PALLARPAM FISHERY SAMABAI SAMITEE LIMITED

A REGIS. CO-OPERATIVE SOCIETY REP. BY ITS SECRETARY SITA NATH

DAS

R/O-VILL-NIJ BAGHBAR

P.O-BAGHBAR

PIN-781308

DIST-BARPETA

ASSA

VERSUS

THE STATE OF ASSAM

REP. BY ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM,FISHERY

DEPARTMENT DISPUR,GUWAHATI,781006,KAMRUP (M),ASSAM

2:THE DEPUTY COMMISSIONER

KAMRUP

AMINGAON

DIST-KAMRUP ASSAM-71039

3:M/S PUB GOALPARA FISHERY CO OPERATIVE SOCIETY LIMITED

REP. BY SECRETARY RANJIT KUMAR DAS

R/O-VILL-01 BOLADMARI CHAR

P.O BOLADMARI CHAR UNDER DIST-GOALPARA

PIN-783101

Advocate for the Petitioner : MR. S KATAKI, MR P DEKA

Advocate for the Respondent : SC, FISHERY, MR D J MEDHI,FOR CAVEATOR,GA, ASSAM Linked Case : WP(C)/1888/2025 BAHARI RESERVE GAON MIN SAMABAI SAMITTEE LTD REP. BY ITS SECRETARY SRI RAM PRASAD MALODAS S/O-LT. SUREN MALODAS R/O-VILL-BAHARI RESERVE P.O- BAHARIHAT P.S-TARABARI DIST-BARPETA ASSAM VERSUS THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-06

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

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

4:THE DISTRICT COMMISSIONER KAMRUP AMINGAON

5:THE DISTRICT COMMISSIONER GOALPARA

6:THE DISTRICT COMMISSIONER BARPETA

7:PALARPAM FISHERY COOPERATIVE SOCIETY LIMITED REP. BY ITS SECRETARY SRI SITA NATH DAS S/O-KARTIK DAS R/O-VILLAGE NIJ BAGHBOR P.O-BAGHBOR DIST-BARPETA ASSAM PIN-781308

8:PUB GOALPARA FISHERY CO OPERATIVE SOCIETY LIMITED REP. BY ITS SECERETARY SRI RANJIT KUMAR DAS R/O-VILL-1 BOLADMARI CHAR P.O-BOLODMARI CHAR DIST-GOALPARA PIN-7833101 ASSAM ------------

Advocate for : MR. K MOHAMMED Advocate for : GA ASSAM appearing for THE STATE OF ASSAM BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

14/11/2025 Heard Mr. D Das, learned Senior counsel and Mr. S Kataki, learned counsel, appearing for the petitioner in the above noted two writ petitions. Also heard Mr. S K Khaund, learned counsel appearing for the settlement holder, who is a respondent in both the above noted writ petitions.

The submissions advanced by the parties to the proceeding raises an issue as to whether the Fishery put up for settlement and settled with M/s. Pub Goalpara Fishery Co-

operative Society Limited, also extends to the district of Goalpara.

The Secretary to the Government of Assam, Fishery Department shall file an affidavit in the matter, clarifying the above position. The said affidavit is required, inasmuch as, the primary challenge with regard to the settlement made with M/s. Pub Goalpara Fishery Co- operative Society Limited vide order dated 28.03.2025 is premised on the said issue. The said affidavit be filed on or before 28.11.2025.

Registry to list these matters again on 05.12.2025.

Ms. S C Chutia, learned Standing counsel, Fishery Department shall ensure filing of the said affidavit on or before 28.11.2025.

In the event, the affidavit is not filed on or before 28.11.2025, on the next date of listing, the Secretary to the Govt. of Assam, Fishery Department shall appear in person with the records in original to assist this Court in disposal of the present writ petitions.

JUDGE Comparing Assistant

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