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VIJAY BISHNOI, SUMAN SHYAM
Nisar Ahmed S/o Late Sajfar Ali – Appellant
Versus
Assam Fisheries Development Corporation Limited – Respondent
JUDGMENT :
VIJAY BISHNOI, J.
1. The instant writ appeals, i.e. WA No. 366/2022, WA No. 348/2022 and WA No. 349/2022 are filed by the appellants/writ petitioners assailing the judgment and order dated 21.09.2022, passed by the learned Single Judge in WP (C) No. 2192/2022 and other connected writ petitions, whereby the learned Single Judge has dismissed the writ petitions.
2. WP (C) 8169/2022 has been tagged with the present appeals pursuant to the order dated 19.12.2022 passed by the learned Single Judge in the said writ petition, which reads as under:
Under the circumstances, the only recourse that appears to be available to this Court would be to direct this writ petition to be tagged with W.A. No. 348/2022.
Ordered accordingly.
Registry to list
A procedure prescribed by law to do a certain thing in a certain manner must be followed strictly and there cannot be any deviation from such procedure.
The authority of the Managing Director of AFDC to make settlements without calling for a tender and the absence of a rehabilitation package for settlement of fisheries directly to lessees were the ce....
The settlement of fisheries under the PPP mode must adhere to the principles of fairness and transparency, and must be preceded by a tender process in accordance with the rules.
Government retains the power to make fishery settlements under Rule 12, even if previous directives from the Board of Revenue exist, until formal new settlements are finalized.
Respondent authority has no power to make any direct settlement in terms of Rule 12 of Assam Fishery Rules.
Administrative authorities are legally obligated to record specific reasons for their decisions when exercising discretionary power. A reasoned order must articulate the internal logic behind a decis....
The Mising Autonomous Council lacks jurisdiction to settle fisheries as per the Assam Land & Revenue Regulation and the Fishery Rules, which vest authority in the Fishery Department.
The court upheld the validity of R.12 of the Fishery Rules, affirming that the State Government has the discretion to directly settle fisheries.
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....
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