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DEVASHIS BARUAH
Saikhowa Sadiya Min Samabai Samiti Ltd. – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. M Dutta, the learned counsel appearing on behalf of the writ petitioner in WP(C)No.941/2020 and Mr. L Mohan, the learned counsel appears on behalf of the writ petitioner in WP(C)No.737/2022. Mr. D Nath, the learned Senior Government Advocate, Assam, appears on behalf of the Fishery Department, Government of Assam and Mr. NK Kalita, the learned counsel appears on behalf of the private respondent No.5.
2. At the outset, it is relevant to take note of that Mr. L Mohan the learned counsel appearing on behalf of the writ petitioners in WP(C)No.737/2022 had submitted that the petitioner had given instruction(s) to him to withdraw the writ petition being WP(C)No.737/2022. Accordingly, WP(C)No.737/2022 stands closed on withdrawal.
3. In the above backdrop, therefore, the writ petition which requires adjudication is WP(C)No.941/2020.
4. The petitioner herein has assailed the order dated 26.12.2019 whereby the Brahmaputra Part I and the Dibang River Fishery was settled with the private respondent for a period of 7(seven) years. The petitioner had challenged the legality of the said order. To ascertain as to whether in the present facts, this Court should exercise its power u
The court upheld the validity of the tender process, emphasizing compliance with NIT requirements and the limited scope of judicial review in administrative matters.
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.
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....
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 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....
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....
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 emphasized the importance of adhering to the Assam Fishery Rules, 1953, in awarding settlement to the 'highest valid bidder' and refrained from adjudicating on technical validity, leaving i....
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