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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Gopal Sarkar, Son Of Late Khushi Mohan Sarkar – Appellant
Versus
Assam Fisheries Development Corporation Ltd. – Respondent
| Table of Content |
|---|
| 1. historical context and sequence of administrative fishery settlements. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. requirement of a reasoned speaking order by authorities. (Para 9 , 10) |
| 3. afdcl's inherent power to grant lease extensions. (Para 11 , 12 , 13 , 14) |
ORDER :
MANISH CHOUDHURY, J.
Heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. T. Chakraborty, learned counsel for the petitioner; Mr. P. Sarmah, learned Standing Counsel, Assam Fisheries Development Corporation Limited [AFDCL] for the respondent nos. 1 & 2; and Mr. G. Bakalial, learned Junior Government Advocate, Assam for the resonant nos. 3 & 4.
2. The petitioner herein has approached this Court for the second time with regard to the same grievance, after approaching the Court previously by way of a writ petition, W.P.[C] no. 869/2026, which was disposed of by an Order dated 18.02.2026 with certain directions.
3. Further, in view of the nature of grievance canvassed on behalf of the petitioner in this writ petition, the writ petition is taken up for final consideration at the motion stage itself, as agreed to by the learned counsel for the parties.
4. For the purpose of consideration of the issues
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.
Respondent authority has no power to make any direct settlement in terms of Rule 12 of Assam Fishery Rules.
Point of law: The review petitioner continued to catch the same amount of fish which was being done from the fishery on regular basis. At least nothing has been stated before this Court in any manner....
The settlement of fisheries under the PPP mode must adhere to the principles of fairness and transparency, and must be preceded by a tender process in accordance with the rules.
Point of Law : Decision of the administrative authority vested with the discretionary power under a statute must have to be within the four corners of the law.
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.
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