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DEVASHIS BARUAH
Samiti Das W/o- Phanidhar Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. T.K. Bhuyan, learned counsel appearing on behalf of the petitioner. Ms. U. Das, learned Additional Senior Government Advocate, Assam appears on behalf of respondent Nos. 1 to 4 and Mr. D. Sarma, learned counsel appears on behalf of respondent No. 5.
2. The instant writ petition has been filed by the petitioner being aggrieved by the action of the respondent authorities in settling the No. 22 Laipulia Meen Mahal with the respondent No. 5 vide the impugned order dated 19.05.2020 and also seeking a direction to settle the said Meen Mahal in favour of the petitioner society.
3. The facts, which can be discerned from a perusal of the pleadings, are that the petitioner herein is the Secretary of a society in the name and style of M/s Gohaingaon Bahumukhi Mahila Samabai Samittee Ltd. in the district of Dhemaji. A Notice Inviting Tender (NIT), being NIT No. DRF.8/Pt-II/2014-15/57 dated 23.10.2019 was issued by the Additional Deputy Commissioner, Revenue, Dhemaji, inviting bids for settlement of various fisheries including No. 22 Laipulia Meen Mahal (for the sake of convenience referred to as “fishery in question”). In pursuance to the said NIT, the petitioner along with v
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....
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....
Under the powers which can be traced to Regulation 16 and Regulation 155 of the Assam Land and Revenue Regulation, 1886 read with Section 6 of the Indian Fisheries Act, 1897 that enables a Deputy Com....
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....
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.
Tender disqualification must adhere strictly to statutory rules, excluding arbitrary criteria. A co-operative society's corporate identity shields it from the personal liabilities of its members. Add....
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 ....
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