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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Matshya Gandha Matshya Bebasai Samabai Samity Ltd – Appellant
Versus
State Of Assam – Respondent
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, P
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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