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SANJAY KUMAR MEDHI
Teteliguri Navajyoti Matasyajibi Samabay Samity Limited – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Govt. Of Assam, Fishery Department – Respondent
JUDGMENT :
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
The settlement of a Fishery to the private respondent is the subject matter of challenge in both these writ petitions. While the petitioner in WP(C)/3215/2021 claims to be the highest bidder, whose bid has been illegally rejected, the petitioner in WP(C)/3372/2021 contends that though its bid is higher than that of the private respondent, the same has been rejected on irrelevant and extraneous considerations. Both the writ petitions being connected, those are heard together and are being disposed of by this common judgment and order.
2. A Notice Inviting Tender (NIT) was issued on 19.01.2021 for settlement of the Dhipujijan/Garanga Garsag/Malia Group Fisheries in the district of Morigaon. The said Fishery is a 60% fishery and the period of settlement was for 7 years. The scheduled rate was also notified to be Rs.11,51,205/- per annum.
3. As indicated above, there are two writ petitions wherein challenge has been made to the settlement in favour of the private respondent. Twelve bidders had participated in the bidding process, including the petitioners and the private respondent. A comparative statement was made regarding the bids sub
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....
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 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 ....
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 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....
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.
The rejection of bids must be fair and transparent, and the duty to ensure livelihood does not justify arbitrary rejection of the highest bidder. Transparency and fairness are essential in the biddin....
Order of settlement - Tender Process - The only other valid bidder, Society did not challenge order of settlement - In view of such position, assailment made on aspect of neighbourhood by two petitio....
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