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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
LANUSUNGKUM JAMIR
M/s Gangadhar Fishery Co-op. Society Ltd – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
LANUSUNGKUM JAMIR, J.
1. Heard Mr. A. K. Sarma, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned standing counsel, Fishery Department for the respondent Nos. 1 and 2; Mr. S. R. Baruah, learned Govt. Advocate for the respondent No.3 and Mr. B. D. Konwar, learned senior counsel assisted by Mr. M. Zomuanpuii, learned counsel for the respondent No.4.
2. The District Commissioner, Dhubri issued a Notice Inviting Tender on 05.08.2024 for settlement of Gr. No. 15/101 Torsa River Fishery in the Dhubri District for a period of 7(seven) years i.e., 2024-2031. The Notice Inviting Tender stipulates that the tender papers shall be accepted up to 02:00 PM on 10.09.2024 and it will be opened at 03:00 PM on the same date. As per Clause-IV of the Notice Inviting Tender, the Tenderers were required to submit the below mentioned documents with the duly filled up prescribed form of tender:
“IV. a. Certificate of fishing experience. The certificate should be issued by the DFDO on the basis of professional experience.
b. Encumbrance free certificate of Bakijai Proceedings from Deputy Commissioner. (the certificate should be in the name of the samaby samiti/self help group in
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.
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.
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....
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....
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.
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....
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....
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