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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Pub Nasatra Fishery Co-operative Society Limited, A registered Co-Operative Society represented by its Secretary – Appellant
Versus
State of Assam, represented by the Additional Secretary to the Government of Assam – Respondent
| Table of Content |
|---|
| 1. procedural compliance in government fishery tender and settlement processes. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. state authority's obligation to provide encroachment-free land for leased fisheries. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. arbitrary rejection of tenders based on unstated criteria or incorrect interpretation. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. unjustified revenue demands when the state fails to deliver possession. (Para 36 , 37 , 38 , 39) |
JUDGMENT :
MANISH CHOUDHURY, J.
1. The two writ petitions – W.P.[C] no. 10/2025 and W.P.[C] no. 706/2025, preferred under Article 226 of the Constitution – are in respect of two separate fisheries, which are located in Barpeta district of Assam. The fishery involved in the writ petition, W.P.[C] no. 10/2025 is No. 81 Mandiakur Fishery and the fishery involved in the other writ petition, W.P.[C] no. 706/2025 is No. 75, 76 and 77 Rowmari Group Fishery [hereinafter referred to as ‘Mandiakur Fishery’ and ‘Rowmari Group Fishery’ respectively, at places, for ease for reference].
2. As an issue involved in the writ petition, W.P.[C] no. 10/2025 is related to the subject-matter involved in the ot
Tender disqualification must adhere strictly to statutory rules, excluding arbitrary criteria. A co-operative society's corporate identity shields it from the personal liabilities of its members. Add....
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 main legal point established in the judgment is that the settlement process for a fishery must adhere to the requirements specified in the relevant rules and tender notice. The court emphasized t....
The settlement of the fishery was determined based on compliance with tender conditions and the relevant provisions of the Assam Fishery Rules, 1953.
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....
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.
The rejection of bids based on conditions not stipulated in the Notice Inviting Tender or the Assam Fishery Rules, 1953 was held to be based on irrelevant considerations. The bids of the Petitioners ....
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....
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....
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