Back
SANJAY KUMAR MEDHI
Namah Sudrah Fishery Co-Operative Society Ltd. – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The extra ordinary jurisdiction conferred by Article 226 of the Constitution of India is sought to be invoked by filing this writ petition pertaining to the settlement of a fishery namely, 3-A Lower Brahmaputra Min Mahal aka 3-Ka Lower Brahmaputra Min Mahal (hereinafter the Fishery). The petitioner has specifically challenged an order dated 08.10.2018 whereby such settlement has been made in favour of the respondent no. 7 and some adverse comments have been made with regard to the bid of the petitioner.
2. There is a chequered history in this case and the background facts are narrated in brief for the sake of convenience.
3. The projected case in the petition is that the petitioner is a registered cooperative society in the district of Kamrup consisting of 100% fisherman belonging to the Schedule Caste and is represented by its Secretary, Shri Bhupen Chandra Das.
4. Pursuant to a Notice Inviting Tender dated 29.06.2017 for settlement of the Fishery in question for 7 (seven) years, the petitioner society had submitted its bid along with 5 (five) other bidders including the respondent no. 7. Consequently, a comparative statement was prepared in which t
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....
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.
The court established that in matters of public revenue settlements, the highest financial bid must be prioritized unless there are valid and justifiable grounds for rejection that comply with the ap....
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....
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.
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 term 'neighborhood' in fishery settlements is to be interpreted pragmatically, emphasizing community proximity over mere distance, and administrative authority's decisions should not be disturbed....
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....
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
