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2013 Supreme(Gau) 440

B.K.SHARMA
Karmarinandini Fishery Cooperative Society Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. M. Bhuyan, Advocate
For Respondents/Defendant:Mr. M. Bhagawati, GA and Mr. A. Sarma, Advocate

JUDGMENT

B.K. Sharma, J.

1. The petitioner, a registered fishery cooperative society is aggrieved by the Annexure-8 order dated 21.5.2013, by which, the No. 162/163/164-Khandajan/Sidhali/Gatua Group Fishery of Morigaon district has been settled with the respondent No. 4 at its bid value of Rs. 6,51,300/- as against the petitioner's bid value of Rs. 6,61,000/-. The settlement is for a period of 7 years (2013-2020). The notice inviting tender for settlement of the fishery was issued on 26.3.2013. As indicated in the notice, the tenders were to be submitted on or before 8.4.2013 upto 2 PM. While indicating the terms and conditions of the settlement, inter alia, the following conditions were stipulated.

1. Settlement of 60% category fishery shall be made for a period of 7 years after selection on the basis of merit through tender in favour of Co-operative Societies/Self help Groups/NGO formed by fishermen.

2. Tenders can be submitted by the Cooperative Societies, Self Help Groups, NGO's comprising of 100% actual fishermen of the Schedule Caste community or Maimal Community of Barack Valley. Tenderer has to be of that district and neighbourhood of the fishery concerned.

2. It was further sti

































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