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april 1953

Supreme Court of India · 1953-04-14

THE STATE OF ASSAM vs KESHAB PRASAD SINGH AND ANOTHER.GAMIRI KHARI CHAIDUAR FISH

Citation / case number
SC 1952/60
Court
Supreme Court of India
Petitioner
THE STATE OF ASSAM
Respondent
KESHAB PRASAD SINGH AND ANOTHER.GAMIRI KHARI CHAIDUAR FISH
Bench
BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that the words 'except with the previous sanction of the Provincial Government' in Rule 190-A of the Assam Land and Revenue Regulation (1 of 1886) do not allow the Provincial Government to bypass statutory protections and dispose of fisheries through executive action. The Court affirmed that the Deputy Commissioner is the competent authority to settle fisheries under the rules, and thus, the High Court had jurisdiction to entertain the appeal under Rule 190. The judgment of the High Court of Assam was upheld, confirming the legality of the Deputy Commissioner's actions in the settlement process.

THE STATE OF ASSAM vs KESHAB PRASAD SINGH AND ANOTHER.GAMIRI KHARI CHAIDUAR FISH · Niyam