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2013 Supreme(Gau) 858

A.K.GOEL, A.K.GOSWAMI
Kumatia Fishery Cooperative Society Ltd. – Appellant
Versus
Assam Fisheries Development Corporation and Ors. – Respondent


Advocates:
For the Petitioner:Mr. N.C. Das, Sr. Advocate, Ms. B. Begum, Ms. M. Devi, Mr. A. Das.
For the Respondents: Mr. S.R. Rajbangshi, SC, AFDC, Dr. B. Ahmed, Mr. A. Sarma, Mr. M.P. Goswami.

A.K. Goswami, J.-

The respondent No.3 in WP(C) No.5107/2011 has preferred W.A.No.337/2011 being aggrieved by the order of the learned Single Judge dated 3.11.2011 setting aside the order dated 21.9.2011 settling the Kumutia Gr. fishery of Dhemaji District, for short, the fishery in question, passed by the respondent No.2 for a period of 7 years from 2011-2012 to 2017-2018 at an annual revenue of Rs.7,05,000/-and a total Rs. 49,35,000/- for a period of 7 years.

2. W.A.No.342/2011 is preferred by the writ petitioner challenging the finding recorded by the learned Single Judge in the order dated 3.11.2011, that non-submission of the original call deposit along with the tender paper is a curable defect and such defect in the tender of the respondent No.3 does not invalidate the tender.

3. For the sake of convenience, in this judgment, appellant in W.A. No.337/2011 will be referred to as the respondent No.3 and the appellant in W.A. No.342/2011 will be referred to as the writ petitioner.

4. The case projected in the writ petition is that pursuant to the tender notice No. 1/11 issued by the Managing Director, Assam Fisheries Development Corporation, for short, 'AFDC, respondent No.2, inviti



























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