WP(C) 4911/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Gogoi, learned counsel for the petitioner, Mr. Handique, learn ed State counsel appearing for the respondents and Ms. Barman, learned counsel a ppearing for the newly impleaded respondent No.8. The petitioner by the present petition has prayed for a direction to imm ediately handover possession of the portion of the Brahmaputra Part-II fishery f alling under the Chowkhat Mouza of Jorhat East Circle, contending inter alia tha t though the authority vide order dated 31.08.2007 settled the said fishery for a period of 7(seven) years, the possession of the said portion of the fishery ha s not been handed over despite various representations made. On the basis of such assertion, the learned counsel for the petitioner h as submitted that necessary directions may be issued to handover the possession of that part of the fishery to the petitioner. Mr. Handique, learned State counsel, on the other hand, has submitted th at there is a dispute relating to the boundary of the fishery for which the hear ing was scheduled to be held on 23.09.2011 and notice dated 16.09.2011 was issue d by the Addl. Deputy Commissioner (RF), Sivasagar and since by the interim orde r dated 21.09.2011 the operation of the said communication was stayed, no hearin g could be held on the date so fixed. It has also been submitted that unless the hearing has held the dispute relating to the possession of the said part of fis hery cannot be resolved. Ms. Barman, learned counsel appearing for the newly impleaded respondent No.8 has submitted that pursuant to the earlier direction contained in the orde r dated 03.08.2011 passed in WP(C) No.2215/2011, which writ petition was filed b y Brahmaputra Part-III-A fishery, newly impleaded respondent No.8, the dispute r elating to the boundary was tried to be resolved by conducting the hearing sched uled to be held on 23.09.2011 by issuing the notice dated 16.09.2011 (Annexure-M to the writ petition). The learned counsel, therefore, submits that the authori ty may be allowed to conduct the hearing and pass necessary order on the basis o f such hearing, of course after giving opportunity of hearing to the petitioner as well as the respondent No.8. Mr. Gogoi, learned counsel for the petitioner also submits that since vi de communication dated 16.09.2011 the authority has decided to conduct a hearing for the purpose of resolving the dispute over the boundary between Brahmaputra Part-II Fishery of Sivasagar District and Brahmaputra Part-III-A Fishery of Jorh at District, the writ petition may be disposed of directing the authority concer ned to conduct the hearing by giving the opportunity to the petitioner and the r espondent No.8 and to pass necessary order. It has also been submitted that the liberty may also be given to the petitioner to approach this Court if any advers e decision is taken against the petitioner. Since the matter relating to the boundary dispute between Brahmaputra Pa rt-II Fishery of Sivasagar District and Brahmaputra Part-III-A Fishery is pendin g before the authority, for which vide notice dated 16.09.2011 (Annexure-M to th e writ petition) the date of hearing was also fixed on 23.09.2011, which however could not be conducted in view of the order dated 21.09.2011, the present writ petition is disposed of directing the authority, namely, the Secretary to the Go vt. of Assam, Fishery Department to hear all concerned parities including the pe titioner and the respondent No.8, in the matter of boundary dispute between Brah maputra Part-II Fishery of Sivasagar District and Brahmaputra Part-III-A Fishery of Jorhat District by fixing a date for that purpose, which shall be intimated to the petitioner as well as the respondent No.8 apart from other concerned part ies and to pass a speaking order. The entire exercise is directed to be complete d within a period of 2(two) months from today. The petitioner and/or the respond ent No.8 shall file the certified copy of the order passed today before the Secr etary to the Govt. of Assam, Fishery Department within a period of 1(one) week f rom today. The writ petition is accordingly disposed of.