NO 11 PART-V KALONG NADI ANCHALIK MEEN SAMABAI SAMITY LTD AND ANR Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-8-110
HIGH COURT OF GAUHATI
Decided on August 29,2018

No 11 Part-V Kalong Nadi Anchalik Meen Samabai Samity Ltd And Anr Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Prasanta Kumar Deka, J. - (1.) Heard Mr.J.I.Borbhuyan, learned counsel appearing for the petitioner. Also heard Mr.M.K.Choudhury learned Senior Counsel assisted by Mr.N.Borua, learned counsel appearing for the respondent No.5 and Mr.S.R.Barua, learned Govt. Advocate appearing for the State respondent.
(2.) The present petitioner No. 1 is the No. 11 Part-V Kalong Nadi Anchalik Meen Samabai Samity Ltd represented by its Secretary, Jagadish Barman. The respondent No. 2 is aggrieved by the settlement order dated 27.2.2017 issued under Memo No. FISH,105/2008/Vol.-I/1090 by the respondent No.3, the Additional Secretary to the Government of Assam, Fishery Department in favour of the respondent No.5, Pub Maloibari Mach Byabasayi Samabai Samity Ltd. represented by its Secretary Sri Gauranga Barman. The settlement of the No. 11 Kalang Nadi Fishery Mahal situated in the district of Marigaon is the subject matter of the present writ petition.
(3.) After expiry of the earlier settlement period the respondent No. 4, the Deputy Commissioner, Morigaon issued notice inviting tender from intending bidders in the month of August/September, 2015 to settle the fishery for seven years. Only two bidders participated in the said tender process and as such, the Additional Secretary to the Govt. of Assam, Fishery Department, respondent No. 3 directed the respondent No. 4, Deputy Commissioner, Morigaon to re-tender. The same was issued vide re-tender notice dated 23.12.2015. The petitioner society submitted its tender papers as per requirement in the said NIT dated 23.12.2015 and altogether six number of participants participated in the said tender process. After opening of the bids, the comparative statement was prepared and forwarded it to the Commissioner and Secretary to the Government of Assam, Fishery Department, respondent No.2 vide letter dated 1.3.2016.;


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