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2019 Supreme(Gau) 812

SUMAN SHYAM
Kayakuchi Gaon Meen Samabai Samitee Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
S. Kataki, Adv.

JUDGMENT :

Suman Shyam, J.

Heard Mr. S. Kataki, learned counsel for the petitioner. I have also heard Mrs. R.B. Bora, learned Government Advocate, Assam, representing the respondent nos. 1, 2 and 3 and Mr. S. Khound, learned counsel appearing for the respondent no.4. Assailing the decision of the respondent No 2 to issue a fresh tender for settlement of No. 15 Kaldia River Fishery situated in the district of Barpeta, the present writ petition has been filed.

2. This is the second round of litigation pertaining to the settlement of the aforesaid fishery and, therefore, the brief factual backdrop of the case may be noticed as follows :-

    (a) The Deputy Commissioner, Barpeta i.e. the respondent no. 3 herein, had issued a Notice Inviting Tender (NIT) dated 06/09/2017 inviting bids for settlement of No. 15 Kaldia River Fishery for a period of 7 (seven) years. In the NIT dated 06/09/2017, it was mentioned that the minimum reserve price for the fishery for the first year of settlement would be Rs. 6,40,000/- and those tenders quoting below the reserve price shall be rejected.

(b) In response to the NIT dated 06/09/2017, the writ petitioner and the respondent no.4, besides other bidders had subm

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