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MANISH CHOUDHURY
Daulat Miah S/o Md. Janab Ali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
The petitioner has instituted the instant writ petition under Article 226 of the Constitution of India challenging an Order bearing no. ZPD-231/AAP/Settlement/HGF/2022-23/27 dated 04.08.2022 passed by the respondent no. 2 i.e. the Chief Executive Officer, Dhubri Zilla Parishad and a subsequent Order bearing no. AAP/13Hat/Ghat/Min Mahal-2022-23/3601 dated 22.08.2022 passed by the respondent no. 3 i.e. the Executive Officer, Agomoni Anchalik Panchayat. By the impugned order dated 04.08.2022, the respondent no. 2 did not accord confirmation to the proposal for settlement of a fishery named ‘Falimari Beel’ [‘the Fishery’, for short] sent from the Agomoni Anchalik Panchayat, in favour of the petitioner on the premise that the petitioner did not affix the requisite court-fee stamps with his bid with the further observation that if the settlement of the Fishery was made in favour of the petitioner, the same would not be in conformity with Clause 10 of the Notice Inviting Tender dated 23.05.2022 [‘the NIT’]. The respondent no. 2 had further directed the respondent no. 3 to pr
The highest valid bidder should be considered for settlement, and acceptance of a tender other than the highest valid tenderer requires prior and formal approval of the government. The competitive bi....
Point of Law : Court should always keep the larger public interest in mind in order to decide whether its intervention is called for or not and it is only when it comes to a conclusion that overwhelm....
Rule 3 of Assam Fishery Rules, 1953 has laid down procedure for Sale of Fisheries.
Point of Law : Court should always keep the larger public interest in mind in order to decide whether its intervention is called for or not and it is only when it comes to a conclusion that overwhelm....
Acceptance of a lesser bid may be permissible but in case of settlement of a market under the aegis of the Anchalik Panchayat and/or Zilla Parishad, the same is ordinarily required to be settled in f....
Process of settlement resulting into the order of settlement in favour of the respondent no. 6 is found to be vitiated one due to taking into account irrelevant factors in the decision making process....
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