Altamas Kabir, J. - (1.) Two fisheries, namely, Laxmi Kole Bisanpur Jalkar (Nurpur barrage to entire Haripur Koke) and Laxmi Kole Bisanpur Jalkar (from Haripur Kole damn to Talbona) are the objects of dispute between the writ petitioner society and the Chandpur Fishermen's Co-operative Society Limited, being the respondent No. 5 in the writ petition.
(2.) Pursuant to a notice issued on 3rd April, 2003, by the District Land and Land Reforms Officer, Malda, the writ petitioner and the respondent No. 5 cooperative societies submitted tenders for the said two fisheries. According to the petitioner society, when the tender papers were opened on 10th April, 2003, its bid in respect of the said two fisheries were declared to be the highest. As per the terms of the tender, the petitioner society was asked to deposit 1/4th of the lease rent and such direction was duly complied with by the petitioner society. Since in spite of the above possession of the fisheries was not made over to the petitioner society, it filed an application before the West Bengal Land Reforms and Tenancy Tribunal being, O.A. No. 1727 of 2003. The respondent No. 5 society also filed an application before the learned Tribunal, being O.A. No. 1959 of 2003, questioning the declaration that the petitioner society was the highest tenderer in respect of the said two fisheries and praying for reallocation thereof.
(3.) Both the applications were heard and disposed of together by the learned Tribunal on 16th May, 2003, by directing the District Land and Land Reforms Officer, Malda, to settle the dispute in accordance with the West Bengal Land Reforms Manual, 1991, as amended in 2001. By his order dated 30th June, 2003, the District Land and Land Reforms Officer, Malda, directed that the selection of the petitioner society as the highest bidder be cancelled and the deposit made be refunded. The respondent No. 5 society was directed to deposit 1/4th of the amount offered by them within seven days from the date of the order.;