Subansiri KoibortaMeen Palan Self Help Group represented vs. The Commissioner and Secretary to the Govt. of Assam,Forest Department and Ors.

MANU/GH/0267/2011

According to, The Assam Land and Revenue Regulation act, 1886. The Divisional Forest Officer issue re-sale notice and settlement order that fishery that Subansiri Reserve Fishery Mahal was settled with Respondent No. 6. Hence, this Petition was filed. Whether, Subansiri Reserve Fishery in interregnum would run till dispute was resolved. The court held that Respondent No. 6 was settled with fishery by Annexure-K. Such settlement was made pursuant to Annexure-J sale notice. Petitioner never challenged sale notice – It was only after settlement made in favour of Respondent No. 6 by order and that too after expiry of more than 6 months Petitioner made challenge to same. This was after Annexure-B order of settlement of fishery called No. 7 BhatiSubansiriMeenMahal made in his favour. Thus, as per own admission of Petitioner in paragraph 6 of Petition, he was given possession of 13.5 KM and not entire 75 KM – fishery that had been settled with Respondent No. 6 was all along under settlement of Forest Department since 1998. Moreover, settlement would expire in December, 2011. Petitioner had been settled with other fishery by Fishery Department for period of 7 years – Hence, Respondent No. 6 be allowed to run fishery as per settlement made in his favour till his term expired. Petition disposed of. Ratio Decidendi “Relief cannot be granted to any person when he claims relief after expiry of settlement.”