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KALYAN RAI SURANA
Geramari Gaon Panchayat Meen Samabay Samity Ltd. – Appellant
Versus
State of Assam – Respondent
ORDER :
Kalyan Rai Surana, J.
1. Heard Mr. D. Das, learned senior counsel, assisted by Mrs. A. Talukdar, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned standing counsel for the Fishery department, representing respondent nos.1 and 2; Mr. M. Chetia, learned Govt. Advocate representing respondent nos.3, 4 and 5; as well as Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. D.J. Medhi, learned counsel for the respondent no.6.
2. The petitioner claims to be a registered cooperative society under the Assam Cooperative Societies Act, 1945 and it is projected that the society of the petitioner consists of 100% actual fisherman belonging to the scheduled caste community. The case of the petitioner is that pursuant to the last NIT issued on 15.11.2019, the group no.2/88 Dharnad Brahmaputra Pt. II & III fishery of Dhubri district. However, the said tender was not given effect to as one M/s. Chandakhola Beel Fishery Cooperative Society Ltd. had preferred a writ petition before this Court, seeking direction upon the respondent authorities for granting extension of lease for a period of 2 (two) years and not to give effect to NIT dated 15.11.2019. This Court by an in
The court affirmed that fisheries must be settled under the tender system as per Rule 12 of the Assam Fisheries Rules, 1953, invalidating daily settlements.
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....
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....
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....
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....
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....
Respondent authority has no power to make any direct settlement in terms of Rule 12 of Assam Fishery Rules.
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