Back
ACHINTYA MALLA BUJOR BARUA, NELSON SAILO
Dharnad Brahmaputra Fishery Co-Op Society Ltd. , Represented By Its Secretary Sri Bimal Das, Son Of Brojen Das – Appellant
Versus
State Of Assam, Represented By The Additional Chief Secretary To The Government Of Assam, Fishery Department – Respondent
JUDGMENT :
(A.M. Bujor Barua, J.)
Heard Mr. KN Choudhury, learned senior counsel assisted by Mr. S Khound, learned counsel for the appellants in WA No.186/2023 and WA No.216/2023 namely M/s. Dharnad Brahmaputra Fishery Co-op Society Ltd., (for short, Dharnad Brahmaputra FCS) and Mr. NC Das, learned senior counsel assisted by Ms. M Devi, learned counsel for the appellants in WA No.218/2023 namely M/s. Kachudola Fishery Co. Operative Society Ltd (for short, Kachudola FCS). Also heard Mr. YS Mannan, learned counsel for the respondent M/s. Dhir Beel Fishery Co.Operative Society Ltd. (for short, Dhir Beel FCS) as well as Mr. RK Bora, learned Additional Senior Government Advocate for the respondents in the Fisheries Department, Government of Assam and the Deputy Commissioner, Dhubri.
2. A notice inviting tender (for short, NIT) dated 17.12.2018 was issued by the Deputy Commissioner Dhubri inviting tendered bids, for settlement of Group No.1 Dhar Brahmaputra Fishery. Some of the relevant terms and conditions of the tender notice are as extracted:
Rule 12 of Assam Fisheries Rules 1953 provides that all registered fisheries shall be settled under tender system of sale, where Government shall settle 60% category fisheries with special category o....
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....
The court upheld the tender authority's discretion to relax submission requirements, emphasizing that tender evaluations are commercial decisions that should not be interfered with lightly.
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 settlement of the fishery was determined based on compliance with tender conditions and the relevant provisions of the Assam Fishery Rules, 1953.
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 : 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
