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2019 Supreme(Gau) 1073

UJJAL BHUYAN
Kapili Nadi Matshyajibi Samiti Ltd. – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For the Appellant :T.J. Mahanta and P. Chakraborty, Advocates
For the Respondent:R.B. Borah, GA, B.D. Das and H.K. Sharma, Advocates

ORDER :

UJJAL BHUYAN, J.

1. Heard Mr. T.J. Mahanta, learned Senior counsel, assisted by Ms. P. Chakraborty, learned counsel for the petitioner and Ms. R.B. Borah, learned Govt. Advocate, Assam. Also heard Mr. B.D. Das, learned Senior counsel assisted by Mr. H.K. Sharma, learned counsel for respondent No. 5.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 01.12.2018 of the Deputy Secretary to the Govt. of Assam, Fishery Department settling No. 10 Kolong Nadi Fishery (fishery) situated in the district of Nagaon with M/s. No. 10 Kolong Nadi Part IV Matsyajibi Samabai Samittee Ltd. (respondent No. 5) for a period of 7 years from the date of handing over possession at its bid value of Rs. 2,75,30.00 per annum and further seeks a direction to the respondents to settle the fishery with the petitioner after treating the petitioner as the highest valid bidder.

3. Petitioner is a cooperative society registered under the Assam Cooperative Societies Act, 1949 and presently governed by the provisions of the Assam Cooperative Societies Act, 2007. It is stated that all the members of the petitioner belong to fisherman community.

3.1.

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