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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY
Panchgram Fishery Cooperative Society Limited – Appellant
Versus
Assam Fisheries Development Corporation Limited – Respondent
| Table of Content |
|---|
| 1. writ petition seeks certiorari for earlier orders. (Para 1 , 2 , 3) |
| 2. background of tendering process and settlement. (Para 4 , 5 , 6) |
| 3. multiple re-tender notices after initial order. (Para 10 , 11 , 12) |
| 4. arguments for and against the petitioners. (Para 20 , 21 , 23) |
| 5. doctrine of acquiescence discussed. (Para 31 , 32) |
| 6. petitioner cannot challenge orders without participation. (Para 36 , 39) |
| 7. final dismissal of the writ petition. (Para 40) |
JUDGMENT & ORDER :
MANISH CHOUDHURY, J.
1. Invoking the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have preferred the present writ petition with the following prayers :-
In the premises aforesaid, it is prayed that Your Lordship may be pleased to admit this petition, call for records, issue Rule calling upon the Respondents to show cause as to why :
[i] a writ of certiorari shall not be issued by setting aside the impugned letter dated 04.11.2022 issued by the Managing Director, Assam Fisheries Development Corporation Ltd.; whereby, the Baiya Beel Fishery in the district of Hailakandi was settled in favour of the respondent no. 6 for a period of 7 y
A party must participate in a tender process to maintain the right to challenge related settlements; acquiescence can bar claims where a party fails to act timely.
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....
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....
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