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1998 Supreme(Gau) 36

H.K.SEMA
Mayang Imphal Bangoon Part-I Collective Farming-cum-Pisciculture Co-operative Society Ltd – Appellant
Versus
State of Manipur and others – Respondent


Advocates Appeared:
N. Kumarjit, Government Advocate

Judgement

The dispute involved in this writ petition has got a chequered history. It relates to settlement of Kharungpat Fishery No. 164. The said Fishery was under a lease to Kharungpat Fishing cum-pisciculture Farming Co-operative Society Ltd. for a long time without being put to public auction. This Court in Civil Rule No. 1147/94 inter-alia directed that after the expiry of lease period i.e. 31-3-95, the said fishery shall be put to public auction in accordance with the Fishery Rules. This observation was made with a sole intention to sell the fishery by public auction so that State may earn more revenue.

2. It appears that pursuant to that direction, the fishery was put to auction sale on 9-8-96 at 2 p.m. in which the petitioners society was competing in the bid by offering bid money of Rs. 2,30,000/- per annum. The other party namely; Shri Ksh. Saratchandra Singh of Kakching Turel Wangmataba did not offer any bid. The learned Deputy Commissioner, Thoubal therefore accepted the bid of the petitioners offer and forwarded to the Government for a decision/confirmation in terms of Rule 41 of the Manipur Fishery Rules, 1971 at an earlier date by its letter dated 16th August 96. The









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