Pub Nasatra Fishery Co-operative Society Limited, A registered Co-Operative Society represented by its Secretary vs State of Assam, represented by the Additional Secretary to the Government of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Gau) 1009

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

Advocates Appeared:
For the Petitioner:Mr. S. Kataki, Advocate
For the Respondent:Mr. P. Sharma, Standing Counsel, Mr. S.R. Baruah, Junior Government Advocate, Ms. P. Chakraborty, Advocate.

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

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