GANGA RAM DAS versus TEZPUR KAIBART CO-OPERATIVE FISHERY SOCIETY LTD.

Rule 12 is not ultra vires and is not repugnant to section 16 of the Assam Land Revenue Regulation. Settlement of fishery rights otherwise than by sale is within the discretion and authority of the State Government under the Assam Fishery Rules and the Regulation.

Parties: Appellant: Ganga Ram Das; Respondent No. 1: Tezpur Kaibarta Co-operative Fishery Society Ltd.; Respondent No. 2: Deputy Commissioner of Darrang; Respondent No. 3: State of Assam
Jurisdiction: India
Judgment Date: 29 January 1957
Procedural Posture: Civil Appeal / Appeal by Special Leave From Judgment and Order Dated December 19, 1955 of the Assam High Court in Revenue Appeal No. 33(m) of 1955 and Civil Rule No. 76 of 1955
Outcome: appeal allowed
Legal Topics: Ultra Vires, Statutory Construction, Settlement of Fishery Rights

Administrative Law Ultra Vires Statutory Construction Settlement of Fishery Rights

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Ganga Ram Das

Appellant

Tezpur Kaibarta Co-operative Fishery Society Ltd.

Respondent No. 1

Deputy Commissioner of Darrang

Respondent No. 2

State of Assam

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated December 19, 1955 of the Assam High Court in Revenue Appeal No. 33(m) of 1955 and Civil Rule No. 76 of 1955

Legal Issues

1 Whether Rule 12 of the Assam Fishery Rules is ultra vires and repugnant to section 16 of the Assam Land Revenue Regulation, 1 of 1886

Ratio Decidendi

Court Disposition

appeal allowed

Orders

The settlement of fishery rights by respondent No. 3 with the appellant is declared valid and operative.
Each party shall bear and pay its respective costs of this appeal.