Altamas Kabir, J. - (1.)The relief sought for in this writ application is for a direction upon the Respondents to give delivery of possession of the fisheries described in para. 2 of the writ petition, to the writ Petitioner.
(2.)It appears that a tender notice was published by the Sub -divisional Land Reforms Officer, Diamond Harbour, district 24 -Parganas South, on October 26, 1988, inviting applications from persons who were interested in the taking lease of fisheries comprised in Dag No. 3, pertaining to R.S. Khatian No. 1, of Mouja Burge Island, under Pathart -pratima P.S., district 24 -Parganas South, for a period of ten years commencing from 1395 B.S. In terms of the tender notice, the last date for filing tenders was November 11, 1988, upto 2 p.m. and the tenders were to be opened on the same date at about 3 p.m.
(3.)According to the Petitioner, he filed his tender form and duly participated in the auction with other tenders. It appears that the Petitioner's bid of Rs. 1,70,401 was the highest bid and that, thereafter, the Petitioner received a communication from the Sub -divisional Land Reforms Officer, Diamond Harbour, South 24 -Parganas, being Memo, no 1354/25/88 dated November 15, 1988, requesting him to deposit 1/4th of the tender money by November 16, 1988, subject to the approval of the higher authorities. A copy of the said Memo, dated November 15, 1988, has been made Annex. 'B' to the writ petition.
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