Gauhati Machdhara and Becha Kina Fishery Co - operative Society Ltd. vs Rajaduar Fishery Co - operative Society

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1967 Supreme(Online)(Gau) 25

ASSAM AND NAGALAND HIGH COURT
*G. Mehrotra, C. J., S. K. Dutta, J.
Gauhati Machdhara and Becha Kina Fishery Co - operative Society Ltd. – Appellant
Versus
Rajaduar Fishery Co - operative Society – Respondent

Table of Content
1. settlement procedures are derived from initial offers. (Para 1 , 2 , 3)
2. validity of direct governmental settlement challenged. (Para 5)
3. government retains authority to act under rule 12 despite prior board orders. (Para 6 , 7 , 8 , 10)
4. government order deemed valid despite procedural challenges. (Para 12 , 13 , 14)

1. These rules arise out of the following circumstances and relate to the settlement of No. 1 Upper Part of Brahamaputra No. 1A Brahmaputra Chapari and No. 2 Middle part of Brahamaputra Fishery for three years 1966-69.

2. The petitioner in Rule No. 395 offered Rs. 20,125.00 per year on tenders being called. Rajaduar Fishery Co - operative Society which is arrayed as opposite party No. 2 in Rule No. 395 also made an offer. The Additional Deputy Commissioner by his order dated the 2nd February, 1966 settled the fisheries with Rajaduar Fishery Co - operative Society. Against this order of settlement the petitioner society preferred an appeal before the Assam Board of Revenue. The Board of Revenue by its order dated the 16th August 1966 allowed the appeal of the petitioner society and set aside the settlement made with the respondent No. 2 Rajaduar Fis