I.A.ANSARI, J. - (1.) HEARD Mr. G.N. Sahewalla, learned Senior Counsel for the petitioner, and Dr. B. Ahmed, learned Standing counel, for the respondent Nos. 1 to 3. Also heard Mr. S. Bora, learned counsel, for the respondent No.4.
(2.) RESPONDENT No.3, namely, Managing Director, Assam Fisheries Development Corporation Limited, Guwahati, issued a tender notice, dated 30.07.2010, inviting tenders for settlement of some fisheries including Teliadunga Krishnasigakur Fishery. The petitioner society, namely, Dikhow Meen Samabai, Samity Limited, is a society registered under the Assam Co-operative Societies Act, which is formed by 100% actual fishermen belonging to Scheduled Caste community and who reside in the neighbourhood of Taliadunga Krishnasigakur Fishery. Responding to the tender notice, so issued, 5 tenderers including the present petitioner, namely, Dikhow Meen Samabai Samity Limited, and the respondent No.4 herein, namely, Sri Dilip Hazarika, submitted their respective tenders. Considering the fact that the 2nd, 3rd and 4th highest bidders had failed to submit valid tenders and, on finding that the petitioner Society is the highest bidder, while the respondent No.4, a private individual, is the 5th highest bidder, respondent No.3, namely, Managing Director, Assam Fisheries Development Corporation, recommended to the respondent No.2, namely, Chairman, Assam Fisheries Development Corporation Limited, Guwahati, that the settlement of the said fishery be allowed to be made with the petitioner society. In the meanwhile, however, respondent No.4 made a representation, dated 31.08.2010, addressed to the Minister of Handloom & Textile Department, Government of Assam, stating to the effect, inter alia, that Sri Dipankar Hazarika, Secretary of the said Society, is an accused in the murder case of Bijit Gogoi, former President of Youth Congress, and was in judicial custody for 90 days before his release on bail and that the case is still pending. By his said representation, respondent No.4 also requested the Minister of Handloom & Textile Department, Government of Assam, to grant the settlement of the said fishery in his favour and, in this regard, respondent No.4 also informed the Minister aforementioned that he (respondent No.4) was ready to accept settlement of the fishery at the bid value of Dipankar Hazarika, the Secretary of the said Society. On the body of the said representation, Minister of Handloom & Textile Department, Government of Assam, recorded, on 31.08.2010, itself, his remarks and requested the Minister, Department of Fisheries, Government of Assam, i.e. the respondent No.2 herein, to settle the fishery in favour of the respodent No.4. The relevant remarks made by the Minister of Handloom & Textile Department, Government of Assam, and his report made to the Minister, Fisheries, read as under : "Minister Fisheries etc. Sri Dipankar Hazarika is the charge sheeted main accused in the Bijit Gogoi murder case, Bijit Gogoi was the Vice-President of Sibsagar DCC the time of his muder. I would like to request you to settle the fishery with the petitioner". (Emphasis is added)
(3.) WHILE submitting its tender, the petitioner society also submitted, along with its tender papers, the Bakijai Clearance Certificate, dated 13.08.2010, indicating that there is no due pending against the applicant. The name and the residence of the applicant of the said Certificate (Annexure-V to the writ petition) read as under : "Sri Dipanka Hazarika, S/o Late Dulu Hazarika, P.O. Bhatiapar, District Sivasagar, Secy. of Dikhow Min Samabai Samittee Ltd." Subsequent to the submission of the tender papers, a Certificate was, however, issued, by the Certificate Officer, Bakijai Branch, in the establishment of Deputy Commissioner, Sivasagar, that he Bakijai Clearance Certificate, which had been issued on 13.08.2010, aforementioned, was, in fact, issued in favour of Dikhow Meen Samabai Samittee Ltd., i.e. the petitioner society and that the name of the Secretary of the said Cooperative Society is Dipankar Hazarika, s/o Late Dulu Hazarika, Bhatiapar, Sivasagar.;