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VIJAY BISHNOI, SUMAN SHYAM
Pakoriduba Matsyajibi Samabai Smity Ltd. – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SUMAN SHYAM, J.
1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Ms. R.R. Kakaty, learned counsel for the appellant. We have also heard Mr. R.K. Bora, learned Additional Senior Government Advocate, Assam, appearing for the respondent nos. 1, 2 & 3 and Mr. S. Borthakur, learned counsel for the respondent no. 4.
2. This intra-court appeal is directed against the judgment and order dated 15/02/2023 passed by the learned Single Judge disposing of 2 (two) writ petitions, i.e. WP (C) No. 3215/2021 and WP (C) No. 3372/2021, thereby interfering with the order of settlement of fishery dated 08/03/2021 passed by the Government of Assam in favour of the appellant.
3. The facts and circumstances giving rise to the filing of the present appeal, are briefly narrated herein-below:
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....
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....
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 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.
Rule 3 of Assam Fishery Rules, 1953 has laid down procedure for Sale of Fisheries.
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....
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