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2013 Supreme(Gau) 773

A.K.GOEL, UJJAL BHUYAN
Khoraghat Gulihara Fishery Cooperative Society Ltd. – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates:
For the Appellant : Mr. M. Bhuyan and Mr. M. Choudhury
For the Respondents: Mr. B.J. Talukdar, Mr. M.K. Choudhury and Mr. K. Choudhury

Ujjal Bhuyan, J

This appeal is directed against the judgment and order dated 21.3.2013 passed by the learned Single Judge in WP(C) No. 297/2012.

2. Relevant facts necessary for adjudication of the case are briefly set out hereunder.

3. Matter relates to settlement of a fishery called Group No.1 Dhar Brahmaputra Fishery of Dhubri district ('Fishery' hereafter). First appellant is a registered fishery co-operative society (appellant society) and the second appellant is its Secretary. Deputy Commissioner, Dhubri issued a Notice Inviting Tender (NIT) dated 16.12.2009 inviting sealed tenders from eligible parties for settlement of the fishery for a period of seven years. It was stated that the tenders would be accepted till 2 p.m of 20.1.2010 and at 3 p.m. of the same day, the tenders would be opened. As per clause 4 of the NIT, the tenderers were required to submit along with the tenders, amongst other documents, the following :

"(a) Fishing experience Certificate,

(b) Bakijai clearance Certificate,

(c) Scheduled Caste certificate/Maimal Community Certificate and certificate of actual fisherman,

(d) Postal Order/Cheque/Bank Draft of Rs. 10,

(e) Revenue deposit of 15% of the Government yearly v

















































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