PUSPADHAR DAS v. THE STATE OF ASSAM AND 6 ORS
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE SUMAN SHYAM
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-11. PUSPADHAR DAS v. THE STATE OF ASSAM AND 6 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/3 GAHC010173052020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5086/2020 PUSPADHAR DAS S/O- LT. UPEN DAS, R/O- BARHAMPUR ADARSHA GAON, P. O. BARHAMPUR, DIST. - NAGAON, ASSAM, PIN- 782102 VERSUS THE STATE OF ASSAM AND 6 ORS REP. BY THE SECY. TO THE GOVT. OF ASSAM, FISHERY DEPTT. , DISPUR- 781006, ASSAM 2:THE JOINT SECY. TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR- 781006 ASSAM 3:THE DY. SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPTT. DISPUR- 781006 ASSAM 4:THE DY. COMMISSIONER NAGAON PIN- 782001 ASSAM 5:THE CIRCLE OFFICER NAGAON SADAR REVENUE CIRCLE NAGAON- 782001 ASSAM 6:THE CIRCLE OFFICER SAMUGURI REVENUE CIRCLE Page No. # 2/3 NAGAON- 782001 ASSAM 7:THE CIRCLE OFFICER KAMPUR REVENUE CIRCLE NAGAON- 782001 ASSA Advocate for the Petitioner : MR P BHARADWAJ Advocate for the Respondent : GA, ASSAM BEFORE HON’BLE MR. JUSTICE SUMAN SHYAM 11. 12. 2020 Heard Mr.
P Bharadwaj, learned counsel appearing for the writ petitioner. Also heard Ms. K Phukan, learned Govt. Advocate, Assam appearing for the official respondents. The petitioner herein was earlier settled with 13 No. Nanoi Min Mahal for a period of 2 years vide order dated 12. 02. 2018. However, due to civil disturbances in the State during the month of December, 2019 and also due to the lockdown imposed by the government pursuant to the outbreak of the pandemic Covid-19, the writ petitioner could not operate the fishery to its potential so as to recover his investment. Situated thus, the petitioner had submitted a representation on 27. 10. 2020 before the respondent No. 4 seeking extension of the period of settlement. The basic grievance expressed in this writ petition is pertaining to the fact that no action has been taken by the said authority on the representation dated 27. 10. 2020 submitted by the petitioner. In terms of the order dated 4. 12. 2020 passed by this Court, Ms.
K Phukan, learned Govt. Advocate, Assam has obtained instructions and produced a copy of the forwarding letter dated 18. 12. 2020 issued by the respondent No. 4 recommending extension of the lease period of the fishery in favour of the petitioner to the Government of Assam. Ms. Phukan submits that the matter is now pending before the Government of Assam, Fishery Department for necessary approval. If that be so, it is apparent that the respondent No. 4 has already taken a decision in Page No. # 3/3 favour of the petitioner. It is now up to the government to grant approval to the same by following the due process of law. Such being the position, I do not find any justifiable ground to keep the matter pending before this Court any further. This writ petition is, therefore, disposed of with a direction upon the respondent Nos. 1 and 2 to take appropriate decision in the matter within a period of 4 (four) weeks from the date of receipt of a certified copy of this order.
Whatever be the decision, the same be intimated to the petitioner. A copy of the communication dated 8. 12. 2020 be retained in the record of the case. The writ petition stands disposed of. JUDGE Comparing Assistant
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