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SUDHANSHU DHULIA, ACHINTYA MALLA BUJOR BARUA
Assam Fisheries Development Corporation Ltd. – Appellant
Versus
Nihar Ranjan Hazarika – Respondent
JUDGMENT
Sudhanshu Dhulia, C.J. - Heard Mr. P. Sarmah, learned counsel for the appellants in WA 8/2021 (respondent nos. 3 and 4 in WA 27/2021) and Mr. S. Borthakur, learned counsel for the appellant in WA 27/2021 (respondent no. 6 in WA 8/2021). We have also heard Mr. T. C. Chutia, leaned Additional Senior Government Advocate, representing the State as well as Mr. R. Borpatragohain, learned counsel for respondent no. 1 in WA 8/2021 (respondent no. 6 in WA 27/2021) and Mr. H. Buragohain, learned counsel for respondent no. 2 in WA 8/2021 (respondent no. 1 in WA 27/2021).
2. In both these writ appeals, the appellants are aggrieved by the judgment and order dated 18.12.2020 passed by the learned Single Judge in WP(C) 3420/2020 and WP(C) 2762/2020. WA 8/2021 is filed by the Assam Fisheries Development Corporation Ltd. (respondent no. 3 in the writ petitions), and WA 27/2021 is filed by Babul Das, i.e. respondent no. 6 in WP(C) 3420/2020, in whose favour the settlement was made by the Assam Fisheries Development Corporation Ltd. (hereinafter referred to as the Corporation ). By the order dated 18.12.2020, the learned Single Judge had set aside the order of settlement made in favour of Babu
The rejection of bids must be fair and transparent, and the duty to ensure livelihood does not justify arbitrary rejection of the highest bidder. Transparency and fairness are essential in the biddin....
The court established that in matters of public revenue settlements, the highest financial bid must be prioritized unless there are valid and justifiable grounds for rejection that comply with the ap....
Point of Law : A certificate issued by such an authority carries with it a presumption under Section 114 III.(e) – “That judicial and official acts have been regularly performed.
The main legal point established in the judgment is the requirement for the respondent No. 2 Corporation to adhere to the tender conditions and undertake a fresh consideration of the relevant materia....
The rejection of bids based on conditions not stipulated in the Notice Inviting Tender or the Assam Fishery Rules, 1953 was held to be based on irrelevant considerations. The bids of the Petitioners ....
It is settled position of law that power of judicial review of administrative action is intended to prevent arbitrariness, irrationality or unreasonableness or bias or mala fide.
Point of Law : Settlement process initiated for the settlement of Fishery for a period of 7 [seven] years is required to be brought to a logical conclusion at the earliest for the interest of all con....
Rule 12 of Assam Fishery Rules, 1953 has prescribed that a 60% category fishery is to be settled with special category of Cooperative Societies, Non-Government Organisations and Self Help Groups cons....
The term 'neighborhood' in fishery settlements is to be interpreted pragmatically, emphasizing community proximity over mere distance, and administrative authority's decisions should not be disturbed....
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