Gauhati High Court

WP(C)/3340/2026 of RANGLAL MANDAL Vs THE STATE OF ASSAM AND ORS on 12 October 2026

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GAHC010126122026 2026:GAU-AS:15484 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3340/2026 RANGLAL MANDAL SON OF - LATE MADAN MONDAL, RESIDENT OF - VILLAGE-PAVAKATI, P.O.-BURAGAON, PAKARIA MOUZA, P.S.- MAYONG, DISTRICT- MORIGAON, ASSAM,

GAHC010126122026

2026:GAU-AS:15484

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/3340/2026

RANGLAL MANDAL

SON OF- LATE MADAN MONDAL,

RESIDENT OF - VILLAGE-PAVAKATI, P.O.-BURAGAON, PAKARIA MOUZA, P.S.- MAYONG, DISTRICT- MORIGAON, ASSAM, PIN-782411.

VERSUS

THE STATE OF ASSAM AND ORS

REPRESENTED BY SPECIAL CHIEF SECRETARY, WATER RESOURCES

DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006, ASSAM.

2:THE SECRETARY

WATER RESOURCES DEPARTMENT

GOVERNMENT OF ASSAM

DISPUR

GUWAHATI-781006

ASSAM.

3:THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED

BEING REPRESENTED BY ITS MANAGING DIRECTOR

BIMALA PRASAD CHALIHA ROAD

CHACHAL

VIP ROAD

GUWAHATI-781036

KAMRUP METRO DISTRICT

ASSAM.

4:THE MANAGING DIRECTOR

ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED

BIMALA PRASAD CHALIHA ROAD

CHACHAL

VIP ROAD

GUWAHATI-781036

KAMRUP METRO DISTRICT

ASSAM.

5:THE CHIEF ENGINEER

WATER RESOURCES DEPARTMENT

5TH FLOOR

ASSAM WATER CENTRE BASISTHA

GUWAHATI-781029

6:THE DISTRICT COMMISSIONER

MORIGAON DISTRICT

MORIGAON

PINCODE-782105

ASSAM

7:THE CIRCLE OFFICER

MAYONG REVENUE CIRCLE

JAGI BHAKATGAON

PIN CODE-782411

MORIGAON DISTRICT

ASSAM.

8:THE PROJECT MANAGER

MIDDLE ASSAM REGION

ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED

CHARAN BEEL

PIN CODE-782411

MORIGAON DISTRICT

ASSAM

Advocate for the Petitioner : MR. M K CHOUDHURY, MR D J MEDHI,MR S KHOUND

Advocate for the Respondent : GA, ASSAM, SC, WATER RESOURCE,SC, AFDC

BEFORE

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

13-10-2026

1. Heard Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. D.J. Medhi, learned counsel for the petitioner and Ms. P. Chakraborty, learned Standing counsel, Water Resources Department as well as Assam Fisheries Development Corporation Limited (AFDCL) Department for the respondents.

2. The petitioner is a settlement holder of Pakaria Beel in the district of Morigaon and the settlement is for the period from the years 2024-2025 to 2026-2027 (31.03.2027).

3. During the currency of the settlement, the Water Resources Department commenced embankment/anti-erosion works in 2025. The petitioner asserts that this work has encroached upon a major portion of the fishery, restricted and obstructed the ingress and egress of fish, and caused substantial financial loss despite regular payment of kist money.

4. By filing its affidavit, the Water Resources Department has admitted that it commenced the embankment and anti-erosion work in 2025.

5. The respondent District Commissioner has also admitted in his affidavit that for the construction of the embankment, there are encroachments on the fisheries, and the area has been reduced.

6. In the aforesaid factual background, this Court is of the opinion that in the peculiar facts and circumstances of the present case, the respondent AFDCL shall take a call on the prayer made by the petitioner.

7. It is provided that the petitioner may file a fresh representation raising his grievance, including the stand of the District Administration as well as the Water Resources Department. Upon such representation being filed, the same shall be considered by the Managing Committee of the AFDCL and the Managing Committee shall pass a Speaking Order in this regard.

8. Taking note that the settlement period will expire on 31.03.2027, it is provided that the entire exercise shall be carried out on or before 18.01.2027. In the process of determination, if necessary, the AFDCL may seek further clarification from the petitioner. In the event, it is found that the petitioner has suffered loss, the respondent authority may consider the prayer of the petitioner in appropriate manner.

9. With the aforesaid, this writ petition stands disposed of.

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