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2016 Supreme(Gau) 621
GAUHATI HIGH COURT
Ajit Singh, Suman Shyam, JJ.
Subrata Das - Appellant
Versus
Assam Fisheries Development Corporation Ltd & 2 Ors. - Respondent
WA No. 107 of 2016
Decided On : 06-05-2016
For the Appellant : Mr. SK Goswami and Mr. BK Goswami, learned counsel.
For the Private Respondents: Mr.D Saikia, learned senior counsel, assisted by Mr.B Gogoi, learned counsel.
For the AFDC : Mr. S B Sarma, learned counsel.
Non-compliance with tender notice guidelines can lead to unfair participation and potential revenue loss, justifying the setting aside of the settlement order.
Headnote:
Tender Notice - Settlement of Baraknadi Anua Fishery - The court set aside the order allowing the settlement of the fishery in favor of Faizul Hoque due to non-compliance with tender notice guidelines, and prohibited finalizing the settlement until the final decision of the case.
Fact of the Case:
The appellant challenged the order allowing the settlement of Baraknadi Anua Fishery in favor of Faizul Hoque due to non-compliance with tender notice guidelines.
Finding of the Court:
The court set aside the order and prohibited finalizing the settlement until the final decision of the case.
Issues: Non-compliance with tender notice guidelines, financial bid discrepancy, and revenue implications.
Ratio Decidendi: Non-compliance with tender notice guidelines led to unfair participation and potential revenue loss for the Fishery Department.
Final Decision: The court allowed the appeal and prohibited finalizing the settlement until the final decision of the case.
1. This intra court appeal is directed against the order dated 18.3.2016 passed by the learned Single Judge of this High Court in WP(C) No. 1586/2016 whereby he has allowed respondents to finalize the settlement of Baraknadi Anua Fishery of Cachar District in favour of Faizul Hoque.
2. On 13.2.2016, tender notice was published in the newspaper Dainik Jugashankha for settlement of Baraknadi Anua Fishery of Cachar District.
3. Admittedly, as per the guidelines formulated by the Assam Fisheries Development Corporation Ltd. (AFDC) for settlement of fisheries, notice inviting tenders should be published 15 days prior to the date of submission of tender. But, in the present case, notice was published much less than 15 days. For this reason, appellant says he could not get sufficient time to participate in the tender process though, he had every intention to participate. And in the tender, financial bid at Rs. 9,01,000/- being the highest amongst six participating tenderers, has been accepted by the concerned authorities. Aggrieved, the appellant has filed WP(C) No. 1586/2006 wherein he also prayed for an interim direction restraining the authorities not to finalize the settlement in favour of anyone. But the learned Single Judge, while issuing notice on merit, has granted liberty to the authorities to finalize the settlement of Baraknadi Anua Fishery. Aggrieved, the appellant has filed the present appeal.
4. During the course of hearing, on our asking the appellant what financial bid he would offer, he has on affidavit offered Rs. 10 lakh per year for the same fishery,provided settlement was made in his favour for 7 years.
5. It is to be noted that tender notice published on 13.2.2016 was also for 7 years. It is, thus, clear that had the tender notice been published as per guidelines 15 days prior to the date of submission of tender, the appellant too would have participated making a financial bid of double the amount offered by Faizul Hoque. This would have also brought more revenue to the Fishery Department.
6. We, accordingly, set aside the order dated 18.3.2016. We also prohibit the respondents from finalizing the settlement of Baraknadi Anua Fishery in favour of Faizul Hoque till the final decision of WP(C) No. 1586/2016. The learned Single Judge is requested to decide WP(C) No. 1586/2016 on an early date.
With the above direction to the respondents and request to the learned Single Judge, the appeal is allowed.
