9911796707
TMI Blog1968 (12) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1968 is that he is a citizen of India and a member of the Scheduled Caste community and also an actual fisherman by profession. He is the sitting lessee of Fishery No. 2/88 Dharnad Brahmaputra Parts II, III and other group Fishery in the District of Goalpara which was settled with him for three years ending on 31-3-68. But the aforesaid fishery was settled by the Governor of Assam on the 20th February 1968 in exercise of powers under Rule 12 of the Assam Fishery Rules with Respondent No. 4 for the period from 1-4-68 to 31-3-71 at an annual revenue of ₹ 18006. This settlement with Respondent is being challenged by this writ petition. 2. The main contention of Dr. Medhi, the learned Counsel for the Petitioner is that the aforesai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he might be. That is why Section 16 of the Assam Land and Revenue Regulation was enacted. The first paragraph of this section reads as follows: 16. The Deputy Commissioner, with the previous sanction of the State Government, may, by proclamation published in the prescribed manner, declare-any collection of water, running or sill, to be a fishery; and no right in any fishery so declared shall be doomed to have been acquired by the public or any person, either before or after the commencement of this Regulation, except as provided in the rules made under Section 155. The Supreme Court pointed out that once a fishery was so declared no person could acquire fishing right in it except as provided by rules drawn up under Section 155. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment to make settlements of fisheries. It was pointed out that it was a colourable exercise of the rule-making power to make a rule like rule 12 and thereby make Section 16 of the Regulation infructuous. But in Ganga Ram Das v. Tezpur Kaibarta Co-operative Fishery Society Ltd. AIR 1957 SC 377. the validity of the rule 12 came up for consideration before the Supreme Court. It was held that an exception to settlement of fisheries by sale was made by this rule under which the State Government was empowered to settle fisheries otherwise than by gale. Rule 12 was construed by the Supreme Court to mean that the State Government had the unfettered discretion to settle fisheries directly if the circumstances of the case so warranted. It was furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to arrive at a satisfaction. 7. In the petition it is contended that no occasion arose for the Government in this case to exercise power given in Rule 12 and to take out the fishery from the ordinary procedure of settlement. According to the Petitioner, he learnt that Respondent No. 4 was making secret attempts to get a direct settlement of the fishery in question from the Government. Thereupon the Petitioner also filed an application for such a settlement. But the settlement was made with Respondent No. 4. From the above it is quite clear that the Petitioner acquiesced in the exercise of jurisdiction by the Government without raising any objection. It is not the Petitioner's case that at that time he thought that the Government had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be formed as to the existence of special circumstances warranting exercise of power under rule 12. Such a jurisdiction is latent and a person acquiescing to it will not be entitled to a writ. The failure of the Petitioner to raise objection before the Government when it wanted to exercise power under Rule 12, disentitles him to a writ Dr. Medhi's contention that there are two methods of settling fisheries and that the Government can choose any of the methods at its sweet will, has no force. As I have said already, the procedure of direct settlement can be adopted only if in the opinion of the Government special circumstances warrant it. The regulation of settlement of fisheries by Rules is a reasonable restriction on the right to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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