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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
M/s 14/15 No. Nishari Haria Nadi Meen Samabay Samity Limited – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D. Ullah, the learned counsel appearing on behalf of the petitioner and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the respondent Nos. 1 to 5. I have also heard Mr. H. Ali, the learned counsel appearing on behalf of the respondent No.7. None appears on behalf of the respondent No.6.
2. The petitioner herein has assailed the order dated 05.07.2021 issued by the Joint Secretary to the Government of Assam, Fishery Department whereby No.23(A) Barpani/Gabeel/Fakali Fishery in Nagaon District was settled with the respondent No.7 for a period of 7 (seven) years.
3. For deciding as to whether the present case is a fit case for exercising the powers of judicial review, this Court finds it relevant to take note of the brief facts which led to the filing of the present proceedings.
4. The materials on record shows that on 08.06.2020, the Deputy Commissioner, Nagaon who is the respondent No.4 herein had issued a tender for settlement of No.23(A) Barpani/Gabeel/Fakali Meen Mahal (hereinafter referred to as “the fishery in question”) for a period of 7 years. The petitioner, respondent No.7 and others had participate
Tender submissions must include valid clearance certificates directly related to the submitting entity, and allegations of outstanding dues against awarded parties must be substantiated to impact ten....
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....
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.
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 following proper procedure and complying with previous court directions in issuing public notices for settlement of government assets, and highlighted the need ....
The court upheld the validity of the tender process, emphasizing compliance with NIT requirements and the limited scope of judicial review in administrative matters.
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....
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