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2021 Supreme(Gau) 349

MANISH CHOUDHURY
Kusumpur Pakaria Matchyajibi S. S. Ltd. – Appellant
Versus
State of Assam, represented by the Principal Secretary, to the Government of Assam, Fishery Department – Respondent


Advocates Appeared:
For the Petitioners:Mr. K.N. Choudhury, Senior Advocate, Mr. R.M. Deka, Advocate, Mr. T.J. Mahanta, Senior Advocate, Mr. P.P. Dutta, Advocate.
For the Respondents:Mr. K. Goswami, Additional Senior Government Advocate, Mr. M.K. Choudhury, Senior Advocate, Mr. P. Bharadwaj, Advocate.

JUDGMENT :

In both the writ petitions, W.P.(C) No. 763/2021 and W.P.(C) No. 2477/2021, preferred under Article 226 of the Constitution of India, the subject-matter of challenge is an order of settlement dated 22.01.2021, whereby, No. 38 Morisuti Fishery in Morigaon District [‘the Morisuti Fishery’, for short] has been settled with the respondent M/s 129 No. Haria Dablang Meen Samabai Samity Ltd. [‘the respondent society’, for short], impleaded as respondent no. 5 and the respondent no. 6 respectively in the two writ petitions, for a period of 7 [seven] years at its offered bid value of Rs. 38,85,000/- i.e. Rs. 5,55,000/- per annum w.e.f. the date of handing over possession of the Morisuti Fishery, subject to observance of all required formalities as laid down in the Assam Fishery Rules, 1953, as amended [‘the Fishery Rules’, for short]. By the same order of settlement dated 22.01.2021, the settling authority has declared both the bids submitted by the two writ petitioners, both registered cooperative societies, as non-compliant to the Notice Inviting Tender dated 02.01.2020.

2. F

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