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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Batgaon Nayapara Meen Samabai Samittee Limited – Appellant
Versus
Assam Fisheries Development Corporation Limited – Respondent
| Table of Content |
|---|
| 1. overview of tender process, bid dispute, and previous judicial directives. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. procedural legitimacy of the administrative reconsiderations and authority of officers. (Para 9 , 10 , 11 , 12 , 27) |
| 3. compliance with mandatory tender conditions (clause 6.6) regarding society resolution validity. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. failure to comply with statutory requirements under the cooperative societies act renders resolutions invalid. (Para 24 , 25 , 26) |
| 5. dismissal of petition due to failure to meet mandatory tender conditions. (Para 28 , 29) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. P. K. Roychoudhury, the learned counsel appearing on behalf of the Petitioner and Mr. P. Sarma, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 2 and 3. I have also heard Ms. R. Kakati, the learned Government Advocate appearing on behalf of the Respondent No.5 and Ms. G. Bordoloi, the learned counsel appearing on behalf of the Respondent No.8. None appears on behalf of the Cooperation Department on call.
2. The present writ petition has been filed challenging the order dated 11.03.2025 passed by the Man
Compliance with mandatory tender conditions, including the submission of statutorily verified resolutions and member lists, is essential for a valid bid. Failure to satisfy these stipulated requireme....
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....
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 ....
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....
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.
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 settlement of the fishery was determined based on compliance with tender conditions and the relevant provisions of the Assam Fishery Rules, 1953.
The court upheld the tender authority's discretion to relax submission requirements, emphasizing that tender evaluations are commercial decisions that should not be interfered with lightly.
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....
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