ORDER :

Prasanta Kumar Deka, J.

1. Heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. D.K. Sarma, learned counsel for the respondent No. 7 and Ms. M. Bhattacharyya, learned Addl. Senior Govt. Advocate for respondent Nos. 1 to 6.

2. The order dated 26.2.2021 issued by the respondent No. 2 is under challenge whereby GR No. 1/87 Dharnad Brahmaputra Part-I and Satakuri Nadi Fishery in the district of Dhubri was decided to be settled with M/s. Geramari Gaon Panchayat, respondent No. 7. The Deputy Commissioner, Dhubri, respondent No. 4 published NIT dated 27.2.2020 for settlement of the aforesaid fishery for a period of seven years i.e. for the period 2019-20 till 2025-26. The fishery falls within the 60% category specifically meant for cooperative society/self help group formed by 100% fishermen. The last date for submission of tender was 16.3.2020. Amongst the various terms and conditions stipulated, submission of names of the members of the participating society alongwith address and distance certificate from the concerned fishery to be issued by the concerned Circle Officer of the Revenue Circle are mandatory as per clause 4 sub-Clause (Niya) and (Ta).

It is also stipulated that the Deputy Commissioner shall enquire the said two conditions at the relevant time. Sub Clause Kha of Clause 4 of the NIT stipulates that the tenderer shall have to obtain Bakijai Clearance Certificate from the office of the concerned Deputy Commissioner distinctly in the name of the society.

3. In response to the said NIT dated 27.2.2020 the petitioner society submitted its bid alongwith others including the respondent No. 7. After opening of the bids respondent No. 7 was found to be the highest valid bidder and the petitioner was found to be second highest valid bidder as per the comparative statement. The petitioner after opening of tender came to know that amongst 57 members of the respondent No. 7 society it had shown members only from the revenue villages of Madaikhali, Asharikandi and South Geramari. The said three villages fall within the area of operation of the petitioner society. Further though the respondent No. 7 society was granted 27 nos. of villages as its area of operation but none of the members were from the said villages. Further it came to the notice of the petitioner that the respondent no. 7 submitted Bakijai clearance certificate dated 12.3.2020 in the name of Anil Chandra Barman, Secretary of the Society and does not fulfil the requirement of the terms and condition of the NIT as the same was not issued in the name of the respondent No. 7 society.

4. The petitioner submitted a representation/complaint to the Additional Deputy Commissioner,(ADC) Dhubri upon which it was directed to the Circle Officer, Gauripur Revenue Circle to cause an enquiry and to submit the report pertaining to the list of the members, their addresses and the distance certificate submitted by the respondent No. 7 alongwith the bid. The Circle Officer, Gauripur Revenue Circle upon enquiry cancelled the distance certificate issued by him in favour of the respondent No. 7 on the ground of submission of false information. The respondent no. 7 approached ADC, Dhubri for causing further enquiry into the matter upon which the said ADC, Dhubri requested the said Circle Officer vide letter dated 29.6.2020 to cause further enquiry. However no such enquiry was conducted on the ground that a detailed and thorough enquiry had already been-conducted in compliance of the mandatory requirements stipulated in the NIT regarding the members list and the distance certificate. The Circle Officer vide his letter dated 1.7.2020 accordingly apprised the ADC, Dhubri to that effect. On the other hand, the petitioner submitted a representation dated 17.3.2020 before the Asstt. Registrar, Cooperative Societies (ARCS) Dhubri praying for cancellation of the registra