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DEVASHIS BARUAH
Darrang Matshyajibi Society – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. K.K. Mahanta, the learned Senior counsel appearing on behalf of the Writ Petitioner in WP (C) No. 1891/2021; Mr. M. Dutta, the learned counsel appearing on behalf of the Writ Petitioner in WP (C) No. 4205/2021 and Mr. J. Payeng, the learned counsel appearing on behalf of the Writ Petitioner in WP (C) No. 2749/2021. I have also heard Mr. P. Sarmah, the learned Standing Counsel appearing on behalf of the Fishery Department of the Government of Assam; Mr. B.J. Talukdar, the learned Standing counsel appearing on behalf of the District Commissioner, Darrang; Mr. S.K. Talukdar, the learned Standing counsel appearing on behalf of the Assistant Registrar of Cooperative Societies, Darrang; Mr. M. Nath, the learned Senior counsel assisted by Mr. D.P. Borah, the learned counsel appearing on behalf of the Private Respondent.
2. All the three writ petitions are taken up jointly for disposal taking into account the similarity of the facts and the issues involved.
3. It reveals from the records that on 07.10.2020, the Deputy Commissioner, Darrang had issued a Notice Inviting Tender for Settlement of No. 1, Darrang Brahmaputra Fishery (for short “the fishery
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 ....
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 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....
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....
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....
Co-operative Society’ -It is for the Settling Authority in the Fishery Department, Government of Assam to examine the enforceability of the Notification in the context of its publication or non-publi....
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.
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....
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