M/S Balahi Champara Fishery Co-Operative Society Ltd. v. the Assam Fisheries Development Corporation Ltd. and 4 Ors.
Case brief
What is this about?
Gauhati High Court; WP(C)/5707/2022; decided 08.09.2025 by Devashis Baruah, J.; neutral citation 2025:GAU-AS:12199. Assam Fishery Rules, 1953 — proviso to Rule 13; Rule 8(c)(ii); Rule 13 inapplicable to AFDC settlements. AFDC sole authority to lease out/settle vested fisheries; Managing Director to settle per guidelines. Full Bench precedent relied on: M/s. 129 Haria Dablong Min Mahal Samabat Samity Ltd. v. AFDC, (2001) SCC OnLine Gau 17. Notice Inviting Tender No. 5/2022; petitioner participated in tender without challenging it and was unsuccessful; Article 226 jurisdiction declined; writ petition dismissed; settlement of Balahi Champara Group Fishery (Lakhimpur) in favour of respondent No. 5 upheld in effect.
What did the court decide?
Taking into account the Full Bench decision in M/s. 129 Haria Dablong Min Mahal Samabat Samity Ltd. v. AFDC, (2001) SCC OnLine Gau 17 — under which the AFDC has the sole authority and jurisdiction to lease out/settle fisheries transferred or vested in it under Rule 8(c)(ii) of the Rules of 1953, the Managing Director makes settlements subject to definite guidelines for transparency, and Rule 13 of the Rules of 1953 is not applicable to settlements made by the AFDC — this Court holds that the basis on which the instant writ petition was filed has no legs to stand.