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ABDUL QUDDHOSE
P. Saravanan – Appellant
Versus
Government of Pondicherry, Rep. by its Under Secretary (LA), Puducherry – Respondent
JUDGMENT
(Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorarified Mandamus calling for the records relating to the impugned notification made in No.2079/PW/EE1/JE(P)-85/2022-23 dated 23.05.2022 passed by the 3rd respondent quash the same and consequently direct the respondents to permit the petitioner by granting fishing right in the Bahour Lake, Puducherry for the year 2022-23 and 2023-24 directly without resorting to the public auction to complete the lease hold right in terms of notification made in No.2935/PW/EE1/JE/(P)-85/2014-15 dated 03.11.2014 issued by the third respondent.)
1. This writ petition has been filed challenging the impugned fishing auction notification dated 23.05.2022 issued by the third respondent in respect of “Bahour Lake” for the year 2022-23 and 2023-24.
Brief facts leading to the filing of this writ petition:
2. The petitioner was earlier granted fishing right for the Bahour lake for a period of three years from 2014-17. According to the petitioner, the lake was handed over to him belatedly. It is his case that he paid a sum of Rs.33,99,000/- as the lease amount for the first year as per the lease agreement. It i
The court emphasized that any auction is conducted in public interest to get the best possible revenue and that the action of the respondents in initiating the auction did not seem to be arbitrary or....
The court's decision was based on the principle that disputed questions of fact would not be entertained when the concerned party did not come forward to dispute the resolution.
Cooperative societies have the liberty to participate in public auctions for securing fishing rights in water bodies categorized by the government.
Exercise of fishery rights without approval is illegal, and lack of approval for the bid results in the absence of an enforceable right.
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