CHANDI RAM KEOT Vs. AMAL PATAR AND ANR.
LAWS(GAU)-1970-1-6
HIGH COURT OF GAUHATI
Decided on January 23,1970

Chandi Ram Keot Appellant
VERSUS
Amal Patar And Anr. Respondents

JUDGEMENT

M.C. Pathak, J. - (1.) The Petitioner along with some others including the Opposite Party No. 1 submitted tenders for settlement of No. 110 Erakolong Fishery. The Petitioner offered Rs. 2001.25 per annum while the opposite party No. 1 offered Rs. 2000/ - per annum. The Additional Deputy Commissioner, Nowgong on the advice of the Local Advisory Board settled the fishery in question with the Petitioner at his highest tender. The opposite party No. 1 preferred an appeal before the Assam Board of Revenue. The Board after hearing the parties, allowed the appeal, set aside the order of settlement by the Additional Deputy Commissioner, Nowgong and settled the fishery in question with the opposite party No. 1 for the remaining period of the term at the highest tender of Rs. 2001.25 per annum. Against the said order of the Board, this petition under Article 226 of the Constitution has been filed.
(2.) Mr. B.K. Goswami the learned Counsel for the Petitioner submitted that the learned Board of Revenue gave wrong interpretation to Rule 46(b) of the Fishery Rules and arrived at an illegal conclusion and wrongly settled the fishery with the opposite party No. 1. The learned Board in its order observed that under Rule 46(b) of the Fishery Rules option might be given to persons in order of preference stated therein for taking the settlement of the fishery at the highest tender offered. The Board observed that under Rule 46(b) if a suitable tenderer belonging to the category entitled to preference was available the option should be given otherwise the very purpose of providing the necessary protection would be defeated. Mr. Goswami, the learned Counsel for the Petitioner however submitted that on a correct interpretation of Rule 46(b) if there was no co -operative society offering tender whose tender was below 71/2% of the highest tender, the preference stated in the rule was not at all called for.
(3.) Rule 46 of the Fishery Rules may be quoted: 46. Fisheries shall be settled to the best advantage and subject to this condition, the agency of middlemen as lessee shall be done away with as far as possible. (a) A Co -operative Fishery Society formed by actual fishermen of the Scheduled Caste and registered under the Assam Co -operative Societies Act 1949, shall be given option of taking settlement of Fisheries at the highest tender, provided that its tender is not less than % per cent of the highest tender. (b) When the tender of such Co -operative Societies is below per cent of the highest tender, (i) Co -operative Societies as stated above, (ii) individual members of the Scheduled Caste, (iii) individual members of the Scheduled Tribes and other Backward Classes who may submit tender at not less than 60 per cent of the highest tender may be given option to take settlement of the fishery at the highest tender in the order of preference stated above subject to the suitability of the tender. (c) When a fishery, the tender value of which does not exceed Rs. 35,000 is settled with any one falling within one of the categories stated in the Sub -rule (a) or (b) above, the lessee shall get rebate of 1 per cent as concession. (d) Any tenderer who claims the concession provided in this Rule shall indicate it in his tender. Under this Rule fisheries shall be settled to the best advantage and subject to the condition that the agency of middleman as lessee shall be done away with as far as possible. Clause (a) of the Rule provides that if any co -operative fishery society formed by actual fishermen of the Scheduled Caste and registered under the Assam Co -operative Societies Act, 1949 offers tender which is not less than 7 per cent of the highest tender, such co -operative fishery society shall be given option for taking settlement of the fishery at the highest tender. Clause (b) of the Rule provides that the following categories of tenderers may be given option to take the settlement of the fishery at the highest tender in the following order, of preference if they submit tender not less than 60 per cent of the highest tender, subject to the suitability of the tender: (i) Co -operative Societies as described in Clause (a); (ii) Individual members of the Scheduled Caste; (iii) Individual members of the Scheduled Tribes and other Backward Classes.;


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