MAYANG IMPHAL BANGOON PART I COLLECTIVE FARMING CUM PISCICULTURE CO OPERATIVE SOCIETY LIMITED Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The dispute involved in this writ petition has got a chequered history. It relates to settlement of Kharungpat Fishery No. 164. The said Fishery was under a lease to Kharungpat Fishing cum-pisciculture Farming Co-operative Society Ltd. for a long time without being put to public auction. This Court in Civil Rule No. 1147/94 inter-alia directed that after the expiry of lease period i.e. 31-3-95, the said fishery shall be put to public auction in accordance with the Fishery Rules. This observation was made with a sole intention to sell the fishery by public auction so that State may earn more revenue.

(2.) It appears that pursuant to that direction, the fishery was put to auction sale on 9-8-96 at 2 p.m. in which the petitioner's society was competing in the bid by offering bid money of Rs. 2,30,000/- per annum. The other party namely; Shri Ksh. Saratchandra Singh of Kakching Turel Wangmataba did not offer any bid. The learned Deputy Commissioner, Thoubal therefore accepted the bid of the petitioner's offer and forwarded to the Government for a decision/confirmation in terms of Rule 41 of the Manipur Fishery Rules, 1971 at an earlier date by its letter dated 16th August '96. The bid of the petitioner's society was accompanied with the earnest money amounting to Rs. 52,920/-. However, by impugned order dated 26-2-97, the Secretary, Revenue, Govt. of Manipur instead of taking action under Rule 41 of the Fishery Rules either confirming rejection of the auction sale, forfeited the security deposit amounting to Rs. 52,920/- purportedly in exercise of power under Rule 32 of the Fishery Rules. This was clearly not permissible.

(3.) In the letter dated 16th August '95, the Deputy Commissioner, Thoubal specifically mentioned that the Government should take a decision confirming rejecting the bid interims of Rule 41 of the Fishery Rules.