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2023 Supreme(Gau) 661

ACHINTYA MALLA BUJOR BARUA, NELSON SAILO
Dharnad Brahmaputra Fishery Co-Op Society Ltd. , Represented By Its Secretary Sri Bimal Das, Son Of Brojen Das – Appellant
Versus
State Of Assam, Represented By The Additional Chief Secretary To The Government Of Assam, Fishery Department – Respondent


Advocates Appeared:
For the Petitioner: MR. K. N. Choudhury.

JUDGMENT :

(A.M. Bujor Barua, J.)

Heard Mr. KN Choudhury, learned senior counsel assisted by Mr. S Khound, learned counsel for the appellants in WA No.186/2023 and WA No.216/2023 namely M/s. Dharnad Brahmaputra Fishery Co-op Society Ltd., (for short, Dharnad Brahmaputra FCS) and Mr. NC Das, learned senior counsel assisted by Ms. M Devi, learned counsel for the appellants in WA No.218/2023 namely M/s. Kachudola Fishery Co. Operative Society Ltd (for short, Kachudola FCS). Also heard Mr. YS Mannan, learned counsel for the respondent M/s. Dhir Beel Fishery Co.Operative Society Ltd. (for short, Dhir Beel FCS) as well as Mr. RK Bora, learned Additional Senior Government Advocate for the respondents in the Fisheries Department, Government of Assam and the Deputy Commissioner, Dhubri.

2. A notice inviting tender (for short, NIT) dated 17.12.2018 was issued by the Deputy Commissioner Dhubri inviting tendered bids, for settlement of Group No.1 Dhar Brahmaputra Fishery. Some of the relevant terms and conditions of the tender notice are as extracted:

    “………2. Cooperative Societies or non-governmental organisations or self help groups comprising of 100% actual fishermen from the scheduled caste com

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