I.A. Ansari, J.

1. Can the State or its instrumentalities, in order to earn revenue, ignore the essential conditions of any Notice Inviting Tender (for short "the NIT")? In order to earn more revenue, should the State or its instrumentalities act contrary to the public policies? These are the moot questions, which this writ appeal has raised.

2. The settlement of Bothabeel Fishery, Sipajhar, (hereinafter referred to as "the fishery") in the district of Darrang, in favour of the respondent No. 3 for the period from 2003-2004 to 2009-2010 for lease amount of Rs. 26,88,400 by Assam Fishery Development Corporation Ltd. (for short "the Corporation") is under challenge in the present writ appeal.

3. For better appreciation of the real issues involved in the present appeal, we place hereinbelow, in a nutshell, the admitted and material facts giving rise to this appeal: The Managing Director of the Corporation issued the NIT, on 03.04.2003, inviting Tenders for settlement of the fishery for the period aforementioned, the last date being on 21.04.2003. Two Tenders were, eventually, submitted, one of the tenders being on behalf of the appellant society and the other by respondent No. 3.