GAHC010031312026 2026:GAU-AS:2492 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/869/2026 SRI GOPAL SARKAR SON OF LATE KHUSHI MOHAN SARKAR, RESIDENT OF CHALANTAPARA PART-I, P.O.- CHALANTAPARA, DISTRICT ASSAM VERSUS THE ASSAM FISHERIES DEVELOPMENT CORPORATION LTD AND 3 ORS.

HAVING ITS OFFICE AT CHACHAL, VIP ROAD, GUWAHATI, DISTRICT-

KAMRUPM, ASSAM, PIN-781036, REPRESENTED BY ITS MANAGING DIRECTOR.

2:THE MANAGING DIRECTOR THE ASSAM FISHERIES DEVELOPMENT CORPORATION LTD SITUATED AT CHACHAL VIP ROAD GUWAHATI DISTRICT-KAMRUP(M)

ASSAM PIN-781036.

3:THE DISTRICT COMMISSIONER BONGAIGAON DISTRICT-BONGAIGAON ASSAM.

4:THE CIRCLE OFFICER BOITAMARI REVENUE CIRCLE DISTRICT-BONGAIGAON ASSAM Advocate for the Petitioner : MR. D CHOUDHURY, MS. A KHARBANI,MR T CHAKRABORTY Advocate for the Respondent : SC, AFDC, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 18.02.2026 Heard Mr. T. Chakraborty, learned counsel for the petitioner; Mr. P. Sharma, learned Standing Counsel, Assam Fishery Development Corporation Limited for the respondent nos. 1 & 2; and Ms. U. Das, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 & 4.

2. In view of the nature of grievance raised by the petitioner in this writ petition, this writ petition is taken up for final consideration, as agreed to by the learned counsel for the parties, by making the notice returnable forthwith.

3. The case projected by the writ petitioner can be narrated as follows :- Pursuant to a Notice Inviting Tender [NIT] dated 25.05.2018 issued by the respondent Assam Fisheries Development Corporation [AFDC] Limited vide NIT No.01/2018, the petitioner submitted his bid in respect of a fishery named Doloni Fishery [‘the Fishery’, for short] located in Bongaigaon District for a period of seven years and in the tender process, the petitioner emerged as the highest valid bidder. However, vide an Order dated 16.02.2019, the Fishery was settled with the petitioner for a period of six years only instead of seven years with the condition that the extension of the settlement for the 7^th year would be considered at a later stage. Accordingly, in the year 2019, the possession of the Fishery was handed over to the petitioner and thereafter, the petitioner came to know that about 25% area of the Fishery was under illegal encroachment. Immediately after coming to know about such illegal encroachment, the petitioner time and again requested the respondent authorities to clear the Fishery from the encroachers. The respondent AFDC Ltd. had, in turn, also made several requests to the District Administration of Bongaigaon to clear the Fishery from the encroachers.

3.1. Thereafter, vide an Order dated 26.06.2025 issued by the respondent no. 2, the settlement of the Fishery was extended for the 7^th year till 31.03.2026 considering the fact that the original NIT for settlement was issued for seven years. In order to obtain such extension, the petitioner had to approach the Court by filling a writ petition, W.P.[C] no. 1728/2025. The Fishery was cleared from encroachment only in January, 2026 and w.e.f. 2019 till January, 2026, the petitioner could not operate the entire Fishery because of such encroachment.

3.2. The NIT dated 25.05.2018 in respect of the Fishery was issued with the projection that the total area of the Fishery comprised of 867 Hectares [Land] and 300 Hectares [Water]. The petitioner has contended that he participated in the said NIT with an expectation that he could utilize the entire area of the Fishery but a huge portion of the Fishery covering about 25% area was under encroachment, which was cleared only in January, 2026. That apart, during 2020 and 2021, the petitioner also suffered huge loss in running the Fishery due to Covid 19 pandemic and for imposition of various restrictions by the Government.

3.3. Under such circumstances, the petitioner filed a Representation dated 09.02.2026 before the respondent no.