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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N. UNNI KRISHNAN NAIR, J.
M/s Matshya Gandha Matshya Bebasai Samabai Samity Ltd - Appellant
Versus
The State Of Assam And 7 Ors - Respondents
WP(C)3826 of 2022
Decided on : 19-06-2025
| Table of Content |
|---|
| 1. details surrounding fishery bids and settlements. (Para 2 , 4 , 5 , 6) |
| 2. settlement of fisheries must consider equality in bidding and localities. (Para 8) |
| 3. arguments regarding the qualifications and membership of bidder societies. (Para 9 , 10 , 11 , 12 , 15) |
| 4. defences regarding procedural legitimacy of the bidding process. (Para 14 , 19 , 21) |
| 5. importance of interpretation of tender documents in judicial review. (Para 18 , 36 , 38) |
| 6. judicial interpretation on the term 'neighbourhood' in relation to fisheries. (Para 24 , 26 , 27 , 28) |
| 7. arguments must substantiate claims of procedural irregularities and local eligibility. (Para 31) |
| 8. judicial restraint is essential in administrative decisions. (Para 39 , 43) |
| 9. final decisions and dismissals of the writ petitions. (Para 44 , 45 , 46 , 47) |
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. S. Kataki, learned counsel, appearing on behalf of the petitioner in WP(c)3826/2022, and respondent No. 7, in WP(c)3975/2022, and WP(c)4208/2022; and Mr. S. Banik, learned counsel for the petitioner in WP(c)3975/2022, and WP(c)4208/2022. Also heard Mr. D. Nath, learned Senior Government Advocate, appearing on behalf of the State respondents in all these 3(three) writ petitions.
2. The issue involved in the above-noted 3(three) petitions pertains to the settlement of a fishery, namely, No. 11, Part 5, Kolong Nadi Fishery, Morigaon District, for a period of 7(seven) years, in pursuance to an Notice Inviting Tender(NIT), issued on 27-09-2021.
3. For the sake of convenience, the facts requisite for adjudication of the issue arising in the above-noted writ petitions, is noticed from WP(c)4208/2022 and the parties to the proceedings are also described as they are placed in the said writ petition.
4. The said writ petition i.e. WP(c)4208/2022, was instituted by M/S Dhipujijan Garanga Garchak Malia Meen Palon CSS Ltd.. The Deputy Commissioner, Morigaon, vide Notice Inviting Tender(NIT), dated 27-09-2021, had invited bids for settlement of No. 11, Part 5, Kolong Nadi Fishery, Morigaon District, for a period of 7 years. The last date fixed for submission of bids was 22-10-2021. The petitioner, herein, along with the respondent No. 7, namely, M/S Matchyagandha Matchya Bebosayee Samity Ltd, Dhankhunda (Malobosti), submitted their respective bids in the matter.
5. On the opening of the bids, a comparative statement was made by the jurisdictional Deputy Commissioner. The respondent No. 7 Society i.e. M/S Matchyagandha Matchya Bebosayee Samity Ltd, Dhankhunda(Malobosti), was found to have offered its bid at Rs. 65,17,007/- for a period of 7 years at the uniform rate of Rs. 9,31,001/- per annum. The petitioner Society i.e. M/S Dhipujijan Garanga Garchak Malia Meen Palon CSS Ltd., had quoted an amount of Rs. 63,77,000/- for a period of 7 years at the uniform rate of Rs. 9,11,000/- per annum, whereas, No. 11, Part 5, Kolong Nadi Fishery, Morigaon District, had offered its bid at Rs. 63,00,763/- for a period of 7 years at the uniform rate of Rs. 9,00,109/- per annum. Accordingly, it is seen that respondent No. 7 Soicety had quoted the highest rate. The matter was, thereafter, forwarded to the Government in the Fisheries Department. The Government in the Fisheries Department on receipt of the tender documents along with the comments/report submitted by the Office of the jurisdictional Deputy Commissioner, proceeded to issue an order, dated 25-05-2022, settling the said fishery with the petitioner Society i.e. M/S Dhipujijan Garanga Garchak Malia Meen Palon CSS Ltd., at its offered rate. The petitioner Society, thereafter, submitted his first kisht in the matter and was awaiting issuance of orders towards handing over the fishery to it.
6. At this stage, being aggrieved; the respondent No. 7 i.e. M/S Matchyagandha Matchya Bebosayee Samity Ltd, Dhankhunda(Malobosti), had approached the Government by way of submitting representation, pleading for review of the order, dated 27-05-2022. On a consideration o
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....
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....
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....
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.
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.
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....
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.
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