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SANJAY KUMAR MEDHI
Dangarkuchi Paka Betbari Meen Samabai Samitee Ltd – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The validity and legality of an order dtd. 13/3/2018 passed by the Govt. of Assam was the subject matter of dispute in a writ petition instituted by the petitioner being WP (C) No. 1645/2018. The writ petitioner was successful in the said writ petition whereby an observation was made by this Court to settle the Fishery with the valid highest bidder in accordance with law. However, in spite of the said order vide the impugned order dtd. 21/2/2019, the settlement was denied to the petitioner and a direction was issued for a fresh tender process. It is the correctness of the order dtd. 21/2/2019 which is the subject matter of challenge in the present writ petition.
2. Before going to the issue involved, it would be beneficial if the facts of the case are narrated in brief.
3. The petitioner is a Cooperative Society consisting of 100% fishermen. A Notice Inviting Tender was (NIT) issued on 29/6/2017 by the Deputy Commissioner, Barpeta for settlement of No. 2 Chaulkhowa River Meen Fishery wherein the last date was fixed on 14/7/2017 which was also the date for opening of the tender. The petitioner Society being eligible in all respects had submitted its bid
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.
The paramount consideration for settlement of a fishery is public interest, and the court emphasized the importance of transparency, fair play, and compliance with previous court orders in such matte....
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 ....
Rule 3 of Assam Fishery Rules, 1953 has laid down procedure for Sale of Fisheries.
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.
A party must participate in a tender process to maintain the right to challenge related settlements; acquiescence can bar claims where a party fails to act timely.
The settlement of the fishery was determined based on compliance with tender conditions and the relevant provisions of the Assam Fishery Rules, 1953.
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....
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....
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