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2017 Supreme(Gau) 697

SUMAN SHYAM
Jewti N. G. O. – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A. Sarma, Advocate.
For the Respondents:Mr. D. Nath, Addl. Sr. Govt. Advocate, Assam. Mr. B. Gogoi, Advocate.

JUDGMENT AND ORDER (CAV) :

1. Heard Mr. A. Sarma, learned counsel appearing on behalf of the writ petitioner in both the cases. Also heard Mr. D. Nath, learned Additional Senior Government Advocate, Assam, representing the respondent Nos.1 to 4 as well as Mr. B. Gogoi, learned counsel appearing on behalf of respondent No.5.

2. The brief facts, giving rise to the filing of these writ petitions, may be noticed as follows :-

I. The respondent No.4 i.e. the Deputy Commissioner, Sivasagar District had issued a Notice Inviting Tenders (NIT) dated 03.07.2014 for settlement of the Brahmaputra Part-II Fishery located in the Sivasagar district for a period of seven years. The Government value of annual revenue for the fishery for the first year was shown as Rs.4,67,500/- in the NIT. The NIT dated 03.07.2014 had inter-alia mentioned that it was a 60% fishery to be settled with societies consisting of 100% Scheduled Caste/Maimal Community of actual fishermen who fulfill the conditions laid down in the NIT.

II. In response to the said NIT, as many as 8(eight) bidders including the writ petitioner society herein had submitted their bids. Upon opening the bids, the respondent No.4 had prepared a comp































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