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KALYAN RAI SURANA
Nagaon District Federation of Fishermen Coop. Socoety Ltd. Rep. by Its Secretary – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Fishery Department – Respondent
JUDGMENT :
Heard Mr. M. Choudhury, learned counsel for the petitioner in W.P.(C) 5561/2017 and Mr. K. Singha, learned counsel for the petitioner in W.P. (C) 6152/2017. Also heard Mr. R. Talukdar, learned Government Advocate, representing State respondent and Mr. A. Sarma, learned counsel for the settlement holder of the fishery in question, namely, Pub-Jaluguti Cooperative Fishery Society Ltd., arrayed as respondent nos. 4 in W.P.(C) 5561/2017 and respondent no. 5 in W.P.(C) 6152/2017. None appears on call for respondent no. 5 in W.P.(C) 5561/2017.
2. As both writ petitions arise from same order, at the instance of the learned counsel for the appearing parties, the matter had been analogously heard. In both the writ petition settlement of fishery to the private respondent, namely, Pub-Jaluguti Cooperative Fishery Society Ltd., has been challenged and the petitioners are seeking a direction upon the respondent authorities to settle the fishery in reference to the petitioners.
3. The Deputy Commissioner, Nagaon had issued a “Notice Inviting Tender” (NIT for short) dated 13.02.2017 for settlement of No. 4 Sonai Nadi Part-II Min Mahal of Nagaon, fixing the minimum revenue of Rs.3,52,118/-
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 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....
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....
Order of settlement - Tender Process - The only other valid bidder, Society did not challenge order of settlement - In view of such position, assailment made on aspect of neighbourhood by two petitio....
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 ....
The main legal point established in the judgment is that the settlement process for a fishery must adhere to the requirements specified in the relevant rules and tender notice. The court emphasized t....
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.
Under the powers which can be traced to Regulation 16 and Regulation 155 of the Assam Land and Revenue Regulation, 1886 read with Section 6 of the Indian Fisheries Act, 1897 that enables a Deputy Com....
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