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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY
Mirjanagar Agro Developers NGO – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Govt. of Assam, Fishery Department – Respondent
| Table of Content |
|---|
| 1. procedural history of the impugned tender cancellation. (Para 1 , 2 , 3 , 4 , 10 , 11) |
| 2. requirement of strict adherence to mandatory notifications and supreme court orders in tender processes. (Para 5 , 6 , 7 , 8) |
| 3. bidders hold no vested right until formal acceptance; cancellation is valid for procedural non-compliance. (Para 9 , 12 , 13 , 14 , 15) |
| 4. dismissal of petition due to absence of merits. (Para 16) |
JUDGMENT :
MANISH CHOUDHURY, J.
Heard Ms. S.B. Choudhury, learned counsel for the petitioner; Mr. P. Sharma, learned Standing Counsel, Fishery Department for the respondent nos. 1, 2 & 3; and Ms. U. Das, learned Additional Senior Government Advocate, Assam for the respondent no. 4.
2. The subject-matter of this writ petition, preferred under Article 226 of the Constitution of India, is a settlement process of a fishery named ‘Kakra Nadi Fishery’ [‘the Fishery’, for short], located in District – Sribhumi, Assam. For settlement of the Fishery, the respondent no. 4 as the Tender Inviting Authority [TIA] published a Tender Notice dated 14.07.2025 to invite bids from interested bidders. As per the Tender Notice, the yearly revenue for the Fishery was fixed @ Rs. 1,7
The court emphasizes the necessity for transparency and fairness in administrative decision-making regarding public tenders, holding that a lack of proper publication in tender processes undermines c....
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.
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....
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.
The court emphasized the authority's discretion in deciding whether to issue re-tender notices and the importance of protecting government revenue in settlement processes.
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 ....
Compliance with Supreme Court guidelines is essential for the validity of tender invitations in the tender process for government fisheries.
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