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2016 Supreme(Gau) 564

A.K.GOSWAMI
Md. Bahar Uddin, Son of Late Saidur Rahman – Appellant
Versus
Assam Fisheries Devepment Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mr. H. K. Mahanta, Advocate
For the Respondent:Mr. S. B. Sarma, learned Standing counsel, AFDC, Mr. B. Gogoi, Advocate.

JUDGEMENT AND ORDER :

Heard Mr. H. K. Mahanta, learned counsel, appearing for the petitioner. Also heard Mr. S. B. Sarma, learned Standing counsel, Assam Fisheries Development Corporation, appearing for respondent Nos. 1 and 2, and Mr. B. Gogoi, learned counsel, appearing for respondent No. 3.

2. By this application under Article 226 of the Constitution of India, the petitioner calls into question the order dated 16.11.2015, passed by the Managing director, Assam Fisheries Development Corporation (for short, ‘AFDC’), cancelling the order of settlement, dated 18.09.2015, settling No. 37 Fulbari Anuwa Fishery (for short, ‘fishery’) in favour of the petitioner, and settling the same in favour of respondent No. 3 herein for 7 years with effect from the revenue year 2015-2016 to 2021-2022 at Rs. 10,46,001/- yearly.

3. A Notice Inviting Tender (NIT) dated 10.08.2015 was issued by the Managing Director, AFDC, for settlement of the fishery. Four tenderers, including the petitioner and respondent No. 3, had submitted their tenders. While respondent No. 3 emerged as the highest tenderer, the petitioner was the second highest tenderer. However, as noted earlier, order of settlement of the fisher







































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