Point of Law: Rule 3 of Assam Fishery Rules, 1953 has laid down procedure for Sale of Fisheries.

JUDGMENT :

Heard Mr. M. Bhagabati, learned counsel for the petitioner in the writ petition, W.P.[C] no. 6172/2021 and for the respondent no. 5 in the writ petition, W.P.[C] no. 2781/2020; and Mr. D.P. Borah, learned counsel for the petitioner in the writ petition, W.P.[C] no. 2781/2020 and for the respondent no. 4 in writ petition, W.P.[C] no. 6172/2021. Also heard Mr. B. Deuri, learned Junior Government Advocate, Assam for the respondent nos. 1, 2 & 3 in both the writ petitions.

2. In both the writ petitions, instituted under Article 226 of the Constitution of India, the subject-matter of challenge is a settlement process initiated for settlement of 16 nos. Dandalagi Meen Mahal [‘the Fishery’, for short] situated within the territorial jurisdiction of Mangaldoi Revenue Circle, District – Darrang culminating in an order dated 17.06.2020 of the Additional Deputy Commissioner [Revenue], Darrang whereby the Minutes of a Meeting of Tender Committee, held on 17.03.2020 containing a decision to go for a fresh settlement process for settlement of the Fishery was circulated.

3. By a Tender Notice dated 29.02.2020, tenders were invited for settlement of the Fishery with last date of submission of tenders up to 03-00 p.m., 16.03.2020. In response to the Tender Notice, three bidders including the two writ petitioners herein, submitted their tenders. On receipt of the tenders of the three participant bidders, the Tender Committee constituted for the purpose by the settling authority, that is, the Deputy Commissioner, Darrang opened the three tenders and examined the same as to whether the tenders were in conformity with the requirements of the Tender Notice. After evaluation of the three tenders, the Tender Committee prepared a Comparative Statement indicating as to whether the tenderers submitted the requisite documents asked for submission by the Tender Notice dated 29.02.2020.

4. The petitioner in the writ petition, W.P.[C] no. 6172/2021 offered a bid value of Rs. 5,50,000/- whereas the petitioner in the writ petition, W.P.[C] no. 2781/2020 offered a bid value of Rs. 4,52,680/-. The other participant bidder offered a bid value of Rs. 4,72,154/-. In the remarks column of the Comparative Statement, by recording the deficiency/deficiencies in respect of each of the three tenders in the Comparative Statement, the Tender Committee in its meeting held on 17.03.2020 in the office of the Deputy Commissioner, Darrang, declared all the three tenders non-compliant to the terms and conditions laid down in the Tender Notice dated 29.02.2020 and a decision was taken for initiating the settlement process afresh by inviting tenders.

5. In the Comparative Statement prepared by the Tender Committee as well as in the Minutes of the meeting of the Tender Committee held on 17.03.2020, the ground for rejection of the tender of the petitioner in the writ petition, W.P. [C] no. 6172/2021 was mentioned as non-affixation of Court-Fee stamps amounting to Rs. 8.25/- whereas the ground for rejection of the tender submitted by the petitioner in the writ petition, W.P.[C] no. 2781/2020 was shown as non-submission of the balance sheet of the Society for the year : 2018-2019 and financial weakness of the petitioner Society. The Meeting of the Tender Committee in its Minutes had recorded that the petitioner society in the writ petition, W.P.[C] no. 2781/2022 was a defaulter for which a Bakijai case, B.C. Case no. 582/2004-2005 was initiated against it.

6. Mr. Bhagabati, learned counsel for the petitioner in the writ petition, W.P. [C] no. 6172/2021 has submitted that the ground of rejection of the petitioner’s bid for non-affixation of court-fee stamps of Rs. 8.25/- is not tenable as the same is only a curable irregularity.

7. Mr. Bora, learned counsel for the petitioner in the writ petition, W.P.[C] no. 2781/2020 has submitted that no bakijai proceeding was pending against the petitioner society on the last date of submission of tenders i.e. 16.03.2020 as the petitioner soci