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MANISH CHOUDHURY
Subrata Sarkar, S/o. Sri Kalipad Sarkar – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Fishery Department – Respondent
JUDGMENT :
Heard Mr. M. Bhagabati, learned counsel for the petitioner in the writ petition, W.P.[C] no. 6172/2021 and for the respondent no. 5 in the writ petition, W.P.[C] no. 2781/2020; and Mr. D.P. Borah, learned counsel for the petitioner in the writ petition, W.P.[C] no. 2781/2020 and for the respondent no. 4 in writ petition, W.P.[C] no. 6172/2021. Also heard Mr. B. Deuri, learned Junior Government Advocate, Assam for the respondent nos. 1, 2 & 3 in both the writ petitions.
2. In both the writ petitions, instituted under Article 226 of the Constitution of India, the subject-matter of challenge is a settlement process initiated for settlement of 16 nos. Dandalagi Meen Mahal [‘the Fishery’, for short] situated within the territorial jurisdiction of Mangaldoi Revenue Circle, District – Darrang culminating in an order dated 17.06.2020 of the Additional Deputy Commissioner [Revenue], Darrang whereby the Minutes of a Meeting of Tender Committee, held on 17.03.2020 containing a decision to go for a fresh settlement process for settlement of the Fishery was circulated.
3. By a Tender Notice dated 29.02.2020, tenders were invited for settlement of the Fishery with last date of submission
Rule 3 of Assam Fishery Rules, 1953 has laid down procedure for Sale of Fisheries.
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....
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 rejection of a bid must be reasonable and in compliance with previous court orders, and settlement of public resources must consider the public revenue and statutory provisions for rate enhanceme....
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....
Respondent authority has no power to make any direct settlement in terms of Rule 12 of Assam Fishery Rules.
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.
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