- (1.) This writ petition relates to Government contract. Facts in brief as made out in the writ petition are as follows: - In the year 1979 a tank measuring 13.43 acres at Sibpur, District- Howrah under Damodar Valley Corporation GOMD-I has been leased out to Howrah Central Fishermen's Co-operative Society Ltd. for the purpose of pisciculture. In or about 14th September, 1984 Government enacted West Bengal Inland Fisheries Act, 1984 (hereinafter shortly termed as said Act). On or about 16th September, 1996 Damodar Valley Corporation executed a lease for five years for pisciculture of the tank-in-question in favour of Howrah Central Fishermen's Co-operative Society Ltd. with five years renewal. Accordingly. Howrah Central Fishermen's Co-operative Society Ltd. is now cultivating fish by act of pisciculture and is in possession thereof.
(2.) On 19th November, 2001 tender was floated for lease of Damodar Valley Corporation tank under GOMD-(1) DVC, Howrah for using it for pisciculture and fishing. On the same date tender was submitted by the petitioners offering annual rental of Rs. 3,20,200/- p.a, along with terms and conditions mentioned therein and the Bank Draft of Rs. 50,000/- was also deposited as per the terms of the tender notice. On 20.11.2001 two persons were joined the tender - one the petitioners herein who quoted the rate @ Rs. 3,20,000/- p.a on the terms and conditions mentioned therein and another Rashmoni Fishermen's Cooperative Society Ltd., who gave tender of Rs. 61,200/- p.a. The respondent No.6 herein has accepted the offer of the petitioners being the highest bid which is Rs 3,20,000/- p.a. Thereafter, on or about 10.12.2001 the Governor issued a notification in exercise of his power under Section 60 of West Bengal Land Reforms Act, 1955 by amendment of West Bengal Land and Land Reforms Manual, 1991.
(3.) Thereafter, the Chief Executive Officer, Howrah Fishermen's Cooperative Society Ltd. issued a certificate stating that he has been registered as Fish Production Group by the Asstt. Director of Fisheries, Howrah under Memo No. 3-FPG-144 (Howrah) dated 30.09.1992.;