WP(C) 3119/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. A.K. Goswami, the learned Sr. counsel for the petitioner and M r. P. Roy, the learned State counsel appearing for the respondents. The petitioner cooperative society, who is the settlement holder in resp ect of 2(two) fisheries, namely, Dibru Part-II and III River Fishery for the per iod from 01.05.2003 to 30.04.2013, in the districts of Dibrugarh & Tinsukia and Brahmaputra Part-I and Dibang River Fisher for the period from 2008-09 to 2014-1 5, in the district of Tinsukia, has filed this petition challenging the communic ation dated 08.04.2010 issued by the District Fishery Development Officer, Tinsu kia and the order dated 17.04.2010 issued by the Addl. District Magistrate, Tins ukia, promulgating the prohibitory order under Section 144 Cr.P.C. relating to c atching and selling of brood fishes. The contention of the petitioner is that though Rules 23 and 23-A of the Assam Fishery Rules, 1953 (in short the 1953 Rules), as amended in 2005, prohib its use of certain types of nets and catching and selling of certain species of brood fish for a certain period of time, by the aforesaid communication dated 08 .04.2010 issued by the District Fishery Development Officer, such ban has been i mposed w.e.f. 1st April to 15th July, contrary to the provisions contained in Ru le 23-A and the Addl. District Magistrate has imposed the total ban on catching and selling of fish of all types. It is the contention of the learned State counsel appearing for the resp ondents that the reading of the communication dated 08.04.2010 and the order dat ed 17.04.2010 issued by the District Fishery Development Officer and the Addl. D istrict Migistrate, Tinsukia, respectively, it appears that, those were relating to the prohibition for use of certain types of nets as reflected in Rule 23 and catching and selling of certain fish for a certain period as provided in Rule 2 3-A of the 1953 Rules. Rules 23 and 23-A of the 1953 Rules, as amended by 2005 amendment reads as follows:- 23. Restrictions of the use of nets - (1) The use of Berjal/Mahajal or Fasijal or any type of net with meshes less than 7 c.m. bar/14 c.m. mesh is proh ibited during breeding season beginning from the first day of the month of April and ending on the fifteen day of the month of July, both days inclusive, in any proclaimed fishery. Deleted. (2) The use of net with less than 1 c.m. bar/2 c.m. mesh Mosaijal in siz e is prohibited in any fishery throughout the year. Deleted. (3) The Officers of the Fishery Department not below the rank of Fishery Extension Officer shall have access to any records/register/document, or any ot her materials including craft and gear of the lessee and have the power to seize them if any breach of rules is detected during the course of inspection and can impose a penalty to the extent of Rs.500/- or as fixed by the Government from t ime to time. 23-A. Restriction on fishing during breeding season on catching and sell ing of under sized fish - (1) Catching of brood fish (fish carrying eggs and spe rm) of the following species, namely - Rohu, Catla, (Bahu), Mrigal, Mali (Calbas u), Chital, Kharia, Pithia (Mahasol), Gharia and Kuri (Gonius) is prohibited dur ing season beginning from the first day of the month of May and ending on the fi fteenth day of the month of July, both days inclusive, in any proclaimed fishery . (2) Catching and killing, by any method, of fish for any purpose whatsoe ver including consumption and selling of under-sized fish of the following speci es, namely - Rohu, Catla, Bahu, Mrigal, Chital, Kharia, Pithia (Mahasul), Gharia below 23 cm in length and Mali (Calbasu), Gonius, Kurhi/Bhagan below 10 cm in l ength is prohibited between the first day of August and 31st of October: Provided that the above restrictions may be relaxed by the order of the Director of Fisheries in writing, for piscicultural purposes only. (3) All under-sized fish specified in sub-rule (2) above caught in the n ets shall either be let off into the fishery or supplied to the Fisheries Depart ment by the lessee in live conditions at the rate to be fixed by the Government from time to time. Rule 23 prohibits use of certain types of nets for the period from 1st A pril to 15th July. Rule 23-A prohibits catching and selling of certain species o f brood fish from 1st May to 15th July as well as from 1st August to 31st Octobe r. Reading of the communication dated 08.04.2010 issued by the District Fis hery Development Officer reveals that the said communication cannot be termed as contrary to the provisions of Rules 23 and 23-A of the aforesaid Rules except i n respect of the period mentioned as 1st April. By the order issued by the Addl. District Magistrate, Tinsukia, dated 17 .04.2010, as submitted by Mr. Roy, the learned State counsel, it is evident that what intended was the prohibition of catching and selling of fish of certain sp ecies for the certain period as provided under Rule 23-A. Since the Rule 23 provides for the prohibition of certain types of nets and Rule 23-A provides for the prohibition of catching and selling of certain sp ecies of brood fish for the period from 1st May to 15th July and such species wi th certain sizes for the period from 1st August to 31st October, naturally no or der can be passed by the respondent authorities prohibiting catching and selling of all types of fish except such species of fish as mentioned in Rule 23-A of t he 1953 Rules. In view of the above, the present writ petition is disposed of with the direction to the respondent authorities to strictly enforce with the requirement of Rule 23 as well as Rule 23-A of the 1953 Rules and to allow the petitioner t o catch and sell such other types of fish, which has not been prohibited under t he Rules. The writ petition is accordingly disposed of. No cost.