WP(C) 2931/2009 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. GN Sahewala, learned Senior Counsel assisted by Mr. S. Senapati, learn ed counsel for the petitioner. The challenge made in this writ petition is the order dated 18/7/09 by which the permission granted to the petitioner on 17/7/09 for fishing in the Purani Pukhu ri of Sivasagar district was cancelled. This Court by order dated 22/7/09 whil e issuing notice of motion, directed to obtain necessary instruction and as an i nterim measure, suspended the order dated 18/7/09. Mr. AC Buragohain, learned Addl. Advocate General, Assam, appearing on behalf o f the respondent No.1/ the Deputy Commissioner, Sivasagar, submits that the Dis trict Level Advisory Committee has taken a decision on 3/5/08, not to settle the fishery or lease out the fishery for fishing purpose to anybody. The relevant p aragraph of the extract of the office note is quoted herein below: Puranipukhuri is a historical tank and it is part of glorious reign of Ahom Kin g which dug this tank and built numerous monuments spreading over the district. The general public of Sivasagar along with Ancient Monuments Preservation Commi ttee are expressing resentment over the deplorable condition of the Rudrasagar a nd Athaisagar (Puranipukhuri) and has requested the District Administration for proper maintenance of the pukhuri and also to undertake developmental and beauti fication works. This matter was also raised in the Sub-Divisional Land Advisory Committee meeting held on 3/5/2008 by the Hon’ble MLA Amguri where Hon’ble Mini ster, H&T, Law etc. Assam Sri Prarab Gogoi was also present. After threadbare d iscussion the Committee opined that the historical tank should not be utilized f or commercial purpose as public sentiment are involved in it. The Committee adv ised Deputy Commissioner, Sivasagar not to lease out the tank for fishing purpos e and take necessary action for cancellation of such lease. Deputy Commissioner was also advised not to renew/extend such lease agreement with private parties any further in case of expiry of the current lease period. Relevant copy of the minutes of SDLAC meeting attached herewith. Similarly, Mr. B. Choudhury, learned counsel appearing on behalf of resp ondent No.2 has also filed an application for vacating the interim order on the aforementioned ground. Mr. Sahewalla submits that in view of the decision taken by the District Level Advisory Committee for the purpose of protecting the historical monuments of Purani Pukhuri, he has no objection in vacating the impugned order. Mr. Sah wella further submits that the petitioner apprehends that cancelling the lease o f the petitioner, the fishery in question may be settled with some other person, to which the learned counsel for the respondents strictly denied the same. After hearing learned counsel for the parties, at length and as agreed to by the learned counsel for the parties including the materials available on record and taking note of the aforesaid decision taken by the Committee to preserve the hi storical monuments of the Purani Pukhuri, this writ petition is disposed of at t he admission stage itself with a direction that the said historical monument ’Pu rani Pukhuri’ in question shall not be settled with any other person for the pur pose of fishing. In the result, this writ petition stands closed. Interim order passed earlier on 22/7/09 stands vacated.