LAWS(GAU)-2019-12-1

MANOJ KUMAR SHAHANI Vs. STATE OF ASSAM

Decided On December 03, 2019
Manoj Kumar Shahani Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. K.N. Choudhury, learned Sr. counsel for the writ petitioner. I have also heard Ms. D.D. Barman, learned Govt. Advocate, Assam appearing for the official respondents and Mr. P.J. Saikia, learned counsel representing respondent No. 5.

(2.) In this writ petition, the order dated 07-01-2019 issued by the Commissioner, North Assam Division, Tezpur i.e. the respondent No. 3, under Rule 8(d) of the Assam Fishery Rules, 1953 ( here-in-after referred to as the Rules of 1953) confirming the sale of Biswanath Baghmara Meen Mahal in favour of the respondent No. 5, has been put under challenge.

(3.) The facts of the case, in a nutshell, are these. The Deputy Commissioner, Biswanath district, i.e. the respondent No. 4 had issued a public tender dated 20-06-2018 inviting bids for settlement of fisheries under Biswanath District falling under Baghmara Meen Mahal. As per the projection made in the tender notice, the fishery falls under the 40% category under the Rules of 1953. The Government value of the fishery was fixed at Rs. 4,00,000/- per annum and the period of settlement was for 07 years.