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MANISH CHOUDHURY
12 No. Jia Kalahi Msss Limited – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
The fishery named 48 Kharkhari Fishery, Amingaon, District – Kamrup [hereinafter referred to as ‘the Fishery’, in short, for the sake of brevity] is a 60% category fishery and is required to be settled as per the provisions contained in Rule 12 of the Assam Fishery Rules, 1953. The Fishery was previously settled with M/s Jia Kalahi Meen Samabai Samity Limited for a period of 7 [seven] years from 24.07.2012 to 23.07.2020. When the term of the earlier settlement of the Fishery expired on 23.07.2020, the Deputy Commissioner, Kamrup was instructed to initiate steps for settlement of the Fishery for the next term of settlement by the State Government in the Fishery Department on 03.11.2020. On receipt of such instruction, the Deputy Commissioner as the Tender Inviting Authority got the revenue of the Fishery assessed through the District Fishery Development Officer [DFDO], Kamrup under Rule 48 of the Assam Fishery Rules, 1953 @ Rs. 78,000/-per annum. The State Government accorded approval to the annual revenue of the Fishery on 17.11.2020. By a Tender Notice dated 09.02.2021, the Deputy Commissioner invited bids for settlement of the Fishery for a period of 7 [seven] years fix
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....
The settlement of the fishery was determined based on compliance with tender conditions and the relevant provisions of the Assam Fishery Rules, 1953.
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....
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....
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.
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