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2023 Supreme(Gau) 614

MANISH CHOUDHURY
Rangagorah Fishermen Co-operative Society Ltd. – Appellant
Versus
State of Assam, represented by the Commissioner and Secretary, Fishery Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. G. Khandelia, Mr. S. Banik.
For the Respondent:Mr. D.K. Sharma, Additional Senior Government Advocate, Mr. D.J. Medhi.

JUDGMENT :

Both the writ petitions - W.P.[C] no. 870/2020 and W.P.[C] no. 1046/2020 - preferred under Article 226 of the Constitution of India, have laid challenge to an order dated 26.12.2019 passed by the Secretary, Government of Assam, Fishery Department whereby a fishery named Brahmaputra Part-1 and Dibang River Fishery within Sadiya Sub-Division, District – Tinsukia has been settled in favour of the respondent Society viz. M/s Dibru Dangari Part-I Min Samabai Samiti Limited.

2. The necessary background facts leading to the institution to the two writ petition can be narrated, in brief, as under : -

2.1. By a Sale Notice published under the hand of the Additional Deputy Commissioner, In-charge, Sadiya Sub-Division, District – Tinsukia on 04.10.2019, tenders were invited under Rule 12 of the Assam Fishery Rules, 1953 from eligible bidders for settlement of the fishery named, Brahmaputra Part-1 and Dibang River Fishery [hereinafter referred to as ‘the Fishery’, at places, for brevity]. As per the Sale Notice, the last date of submission of bids was up to 02-00 p.m., 24.10.2019. In response to the Sale Notice, 5 [five] nos. of bidders submitted their tenders. The two petitioner socie

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