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2022 DIGILAW 235 (MEG)

Pernilla B. Sangma v. Garo Hills Autonomous District Council

2022-09-02

H.S.THANGKHIEW

body2022
JUDGMENT 1. Heard, Mr. K. Paul, learned Senior counsel assisted by Ms. K. Decruse, learned counsel for the petitioner. Also heard Mr. S. Dey, learned counsel for the respondent No. 1 to 4 and Dr. N. Mozika, learned Senior counsel assisted by Ms. L. Jana, learned counsel for the respondent No. 5. 2. The brief facts of the case is that the petitioner is aggrieved with the impugned settlement order dated 07.07.2020, whereby the Fishery known as Borobilla Fishery has been settled in favour of the respondent No. 5. 3. The settlement as impugned by the petitioner was on the ground that the same had been done in violation of the order of this Court dated 23.07.2019, passed in WP(C) No. 350 of 2017, whereby the respondents were directed to hear the petitioner, before proceeding in accordance with law, as the earlier settlement of the Fishery had been cancelled by the aforementioned order. 4. It has been contended by Mr. K. Paul, learned Senior counsel assisted by Ms. K. Decurse, learned counsel for the petitioner that the respondents without due compliance with the order of this Court dated 23.07.2019, had engaged in an exercise for re-settlement on two occasions, firstly on 06.01.2020, which was subsequently abandoned and secondly by the present impugned process which was initiated on 18.06.2020 for the lease period 2020 to 2023. Learned Senior counsel further submits that the entire process was vitiated by the non-compliance to the order of this Court, whereby the petitioner was to be afforded an opportunity of hearing by the respondents. As such it has been prayed that the impugned settlement dated 07.07.2020 be interfered with for the remaining lease period. 5. Mr. S. Dey, learned counsel for the respondent No. 1 to 4 submits on the basis of the affidavit, that the settlement may have elements of irregularities, and that it is a fact the petitioner had filed a representation for restoring the order of settlement dated 27.09.2016, but however, with the passage of time and pendency of the writ petition, no further action could be taken by the respondents. 6. Dr. N. Mozika, learned Senior counsel assisted by Ms. 6. Dr. N. Mozika, learned Senior counsel assisted by Ms. L. Jana, learned counsel for the respondent No. 5 has strongly refuted the submissions of the learned Senior counsel for the petitioner by contending that the rights of the petitioner have been extinguished as the settlement with the petitioner had run its course and was over in the year 2021. He submits that this matter therefore stands on a different footing, and no relief as claimed by the petitioner is permissible in the facts and circumstances of the case. 7. After hearing the learned counsel for the parties, what emerges is that after the cancellation order by this Court, the respondents had been directed to afford the petitioner an opportunity of hearing before any further action was taken, and that any further action should be in accordance with law. It appears that for reasons unknown, the respondents had initially engaged in re-tendering the Fishery which was then abandoned and the present one conducted in which the respondent No. 5 is the beneficiary for the period ending 2023. It is noted that the fresh period of tendering has overlapped with the earlier lease period of the petitioner. 8. In this view of the matter, on the candid submissions by the learned counsel for the respondent No. 1, 2, 3 and 4 that there has been some misunderstanding, as such the respondents are permitted to look into the matter afresh, as to the competing claims of the petitioner and respondent No. 5, taking into account the changed circumstances. As submitted by Mr. K. Paul, learned Senior counsel for the petitioner that the kist money is lying with the respondent No. 1, 2, 3 and 4 as such the respondents are also to decide on the same. 9. This writ petition is accordingly disposed of with the directions that the respondent No. 1, 2, 3 and 4 afford an opportunity of hearing to the parties before any further action is taken and the same be completed within 2(two) weeks from the date of presentation of a certified copy of this order.