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2013 Supreme(Gau) 181

BIPLAB KUMAR SHARMA
Kachudola Fishery Cooperative Society Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. M. Bhuyan, Mr. M. Choudhury and Mr. A.M. Buzarbaruah
For Respondents/Defendant:Mr. B.J. Ghosh, GA, Mr. M.K. Choudhury, Senior Advocate, Mr. K. Choudhury and Mr. R.P. Sarmah

JUDGMENT

Biplab Kumar Sharma, J.

1. All the three writ petitions pertaining to settlement of No. 1 Dhar Brahmaputra Fishery, a 60% category fishery, which is required to be settled under Rule 12 of the Assam Fishery Rules, 1953, with 100% actual fishermen groups, who are located in the district and neighbourhood of the fishery, have been heard analogously and are being disposed of by this common judgment and order. The case has a chequered history as follows. By NIT dated 19.1.2006, the Govt. invited tenders for settlement of the fishery for a period of 7(seven) years w.e.f. 11.3.2006 to 10.3.2013. On completion of the tender process, the settling authority, upon examination of the 4(four) tenders received in response to the NIT, declared that one M/s. Kachudola Society, despite being the highest bidder at Rs. 35,15,644/-, having not submitted, interalia, the most important certificate i.e. Neighbourhood certificate, was not entitled to get consideration for settlement. The fishery was settled with one M/s. Manash Society, at its bid value of Rs. 12,40,632/-. The settlement was put to challenge by M/s. Kachudola Society by filling a writ petition being WP(C) No. 1507/2006. The writ p




















































































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