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VIJAY BISHNOI, KAUSHIK GOSWAMI
No. 1, 1(A) & 2 Upper Part Brahmaputara Fishery Co-Operative Society Limited – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
(Kaushik Goswami, J)
Heard Mr. K.N. Choudhury, learned Senior Counsel, assisted by Ms. R.R. Kakati, learned counsel for the appellant. Also heard Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam appearing for the respondent Nos.1, 2, 3, 7, 8 & 9; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department appearing for the respondent No.4; Ms. M.D. Borah, learned Standing Counsel, Co-Operation Department appearing for the respondent Nos.5 & 6 and Mr. T.J. Mahanta, learned Senior Counsel, assisted by Ms. P. Bhattacharya and Ms. P. Sarma, learned counsel appearing for the respondent Nos.10 & 11.
2. This writ appeal is presented against the judgment & order dated 14.06.2023 passed by the learned Single Judge in WP(C) No.9225/2019, whereby fishery settlement made in favour of the appellant by an order dated 18.11.2019 pursuant to Tender Notice dated 10.06.2019 was set aside and the settlement was awarded to the writ petitioner/respondent No.10.
3. The factual matrix of the case is that an NIT was issued on 10.06.2019 by the Deputy Commissioner, Kamrup (M) for settlement of Kamrup Pragjyotishpur Brahmaputra Meen Mahal of Kamrup (M) District (hereinafter to
The court clarified that the term 'neighborhood' in fishery settlements should be interpreted flexibly, focusing on proximity and socio-economic context rather than strict distance.
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....
Petitioner society is not a new society but a society registered in the year 1959 and there are materials on record to establish that not only the petitioner was considered for settlement of the Fish....
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....
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....
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....
Tender bids can be lawfully rejected for not meeting specified conditions in the NIT, and 'neighbourhood' must be understood distinctly from 'area of operation' in the context of fishery settlements.
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.
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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