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2022 Supreme(Gau) 249

SUDHANSHU DHULIA, SOUMITRA SAIKIA
Pub Goalpara Fishery Co-Operative Society – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. M.K. Choudhury, Mr. P. Bhardwaj.
For the Respondents: Mr. D.K. Sarmah, Mr. D. Das, Mr. S. Khound.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. This appeal is directed against the Judgment and Order dated 02.11.2021 passed in W.P. (C) No. 3314/2019. By the said Judgment and Order, the settlement of 1/77 Digdhar Brahmaputra Fishery settled with the respondent No. 8, namely, Malegarh Gobindapur Fishery Co-operative Society Limited (appellant herein) was set aside and the settlement was directed to be made with the respondent No. 8/writ petitioner.

2. By an NIT dated 24.05.2018 issued by the Deputy Commissioner, Goalpara, the fishery-1/77 Digdhar Brahmaputra Fishery was sought to be settled by way of a tender process from eligible bidders. The settlement of the fishery was to be leased out for 7(seven) years on 60% basis through quotations by selecting eligible Self Help Group, NGO etc. formed by the fishermen. It was also mentioned in the tender notice that the quotations can be submitted by co-operative society formed by 100% SC Community people/Self Help Group formed by fishermen belonging to SC community, NGO etc. and as per the tender notice bidders must belong to the Goalpara district and in the neighbourhood of fishery. The minimum amount of Revenue for the “Meen Mahal” i.e. the fishery w

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