Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Darrang Matshyajibi Society – Petitioner
Versus
The State of Assam and Others – Respondents
W.P. (C) Nos. 1891, 2749, 4205 of 2021
Decided On : 06-02-2024
Tender Process - Assam Fishery Rules - [Clause (ka), Clause (kha), Clause (Ga), Clause (Gha), Clause (Unga), Clause (Cha), Clause (Chha), Clause (Jaa), Clause (Niya), Clause (taa), Clause (thaa), Clause (da), Clause (dha)] - The court considered the rejection of bids based on conditions not stipulated in the Notice Inviting Tender or the Assam Fishery Rules, 1953. It held that the rejection of bids was based on irrelevant considerations and set aside the impugned order. The court directed the Respondent Authorities to re-examine the bids and pass a Speaking Order for settlement, considering the conditions of the Notice Inviting Tender and the Assam Fishery Rules, 1953. The bids of the Petitioners were considered valid and could not be rejected based on the grounds stated in the impugned order. The court also directed the Respondent Authorities to take interim measures for running the fishery in question on a daily basis at a rate commensurate with the bid submitted by the Private Respondent.
Fact of the Case:
The Deputy Commissioner, Darrang issued a Notice Inviting Tender for the settlement of a fishery. Five societies participated in the tender process. The Petitioners challenged the settlement order dated 25.02.2021, as the rejection of their bids was based on conditions not stipulated in the Notice Inviting Tender or the Assam Fishery Rules, 1953.
Finding of the Court:
The impugned order dated 25.02.2021 was set aside and quashed. The settlement made in favor of the Private Respondent was also set aside and quashed. The Respondent Authorities were directed to re-examine the bids and pass a Speaking Order for settlement, considering the conditions of the Notice Inviting Tender and the Assam Fishery Rules, 1953. The bids of the Petitioners were considered valid and could not be rejected based on the grounds stated in the impugned order. The Respondent Authorities were also directed to take interim measures for running the fishery in question on a daily basis at a rate commensurate with the bid submitted by the Private Respondent.
Issues: The rejection of bids based on conditions not stipulated in the Notice Inviting Tender or the Assam Fishery Rules, 1953.
Ratio Decidendi: The rejection of bids based on conditions not stipulated in the Notice Inviting Tender or the Assam Fishery Rules, 1953 was held to be based on irrelevant considerations. The impugned order was set aside and quashed, and the Respondent Authorities were directed to re-examine the bids and pass a Speaking Order for settlement, considering the conditions of the Notice Inviting Tender and the Assam Fishery Rules, 1953. The bids of the Petitioners were considered valid and could not be rejected based on the grounds stated in the impugned order.
Final Decision: The impugned order dated 25.02.2021 was set aside and quashed. The settlement made in favor of the Private Respondent was also set aside and quashed. The Respondent Authorities were directed to re-examine the bids and pass a Speaking Order for settlement, considering the conditions of the Notice Inviting Tender and the Assam Fishery Rules, 1953. The bids of the Petitioners were considered valid and could not be rejected based on the grounds stated in the impugned order. The Respondent Authorities were also directed to take interim measures for running the fishery in question on a daily basis at a rate commensurate with the bid submitted by the Private Respondent.
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. K.K. Mahanta, the learned Senior counsel appearing on behalf of the Writ Petitioner in WP (C) No. 1891/2021; Mr. M. Dutta, the learned counsel appearing on behalf of the Writ Petitioner in WP (C) No. 4205/2021 and Mr. J. Payeng, the learned counsel appearing on behalf of the Writ Petitioner in WP (C) No. 2749/2021. I have also heard Mr. P. Sarmah, the learned Standing Counsel appearing on behalf of the Fishery Department of the Government of Assam; Mr. B.J. Talukdar, the learned Standing counsel appearing on behalf of the District Commissioner, Darrang; Mr. S.K. Talukdar, the learned Standing counsel appearing on behalf of the Assistant Registrar of Cooperative Societies, Darrang; Mr. M. Nath, the learned Senior counsel assisted by Mr. D.P. Borah, the learned counsel appearing on behalf of the Private Respondent.
2. All the three writ petitions are taken up jointly for disposal taking into account the similarity of the facts and the issues involved.
3. It reveals from the records that on 07.10.2020, the Deputy Commissioner, Darrang had issued a Notice Inviting Tender for Settlement of No. 1, Darrang Brahmaputra Fishery (for short “the fishery in question”). In terms with the said Notice Inviting Tender, the last date of submission was 22.10.2020 and the tenders were to be opened on 28.10.2020 from 4 PM onwards. The terms and conditions stipulated that various certificates were required to be submitted and the manner in which the bid was required to be submitted. The Clauses (Ka) to (Dha) of the Notice Inviting Tender having relevance are reproduced herein-under:
(kha) Neighbourhood certificate from the concerned revenue circle.
(Actual distance of the co-operative society, self help group, NGO from the meen mahal shall be mentioned)
(Ga) Fishing experience certificate from the District Fishery Development Officer.
(Gha) Bakijai Clearance certificate from the Deputy Commissioner office.
(Unga) Tenderer should submit the earnest money in the form of call deposit (in favour of Deputy Commissioner) along with their tender. The earnest money deposited shall not be less than 10% of the revenue offered for the first year by the tenderer.
(Cha) Attested copy of the registration certificate of Fishery Co-operative Societies. (shall be renewed if applicable)
(Chha) PAN Card (in the name of Fishermen co-operative society, self help group, NGO). Individual PAN Card shall not be accepted.
(Jaa) Photocopy of the person authorized to submit tender on behalf of the fishery co-operative society.
(Niya) Copy of the balance sheet and profit and loss account for 3 (three) years.
(Duly verified by the competent authority).
(taa) Tenderer should mention the name of the meen mahal in the overleaf of the sealed envelope and shall drop the tender in the allotted box.
(thaa) The successful bidder in addition to the annual revenue fixed should pay additional fishery revenue in accordance with the rules and regulation of the Government.
(da) Indian Postal Order/Banker’s Cheque/Banker draft of Rs.10.00 (Ten) should be attached.
(dha) The undersigned shall have all the right to cancel the tender and shall not be liable to be answered for the same.”
4. The record reveals that five societies participated in the said tender process. The Petitioner in WP (C) No. 2749/2021 quoted an amount of Rs.5,15,20,000/- for 7 years @ Rs.73,60,000/- per annum. The Petitioner in WP (C) No. 1891/2021 quoted an amount of Rs.4,06,03,500/- for 7 years @ Rs.58,00,500/- per annum. The Petitioner in WP (C) No. 4205/2021 quoted an amount of Rs.3,15,00,000/- for 7 years @ Rs.45,00,000/- per annum. The Private Respondent had quoted an amount of Rs.2,94,10,231/- for 7 years with a 10% increase over the 1st year’s reven
The rejection of bids based on conditions not stipulated in the Notice Inviting Tender or the Assam Fishery Rules, 1953 was held to be based on irrelevant considerations. The bids of the Petitioners ....
It is settled position of law that power of judicial review of administrative action is intended to prevent arbitrariness, irrationality or unreasonableness or bias or mala fide.
The main legal point established in the judgment is that the settlement process for a fishery must adhere to the requirements specified in the relevant rules and tender notice. The court emphasized t....
Rule 12 of Assam Fishery Rules, 1953 has prescribed that a 60% category fishery is to be settled with special category of Cooperative Societies, Non-Government Organisations and Self Help Groups cons....
Rule 12 of Assam Fisheries Rules 1953 provides that all registered fisheries shall be settled under tender system of sale, where Government shall settle 60% category fisheries with special category o....
Co-operative Society’ -It is for the Settling Authority in the Fishery Department, Government of Assam to examine the enforceability of the Notification in the context of its publication or non-publi....
Point of Law : A certificate issued by such an authority carries with it a presumption under Section 114 III.(e) – “That judicial and official acts have been regularly performed.
Order of settlement - Tender Process - The only other valid bidder, Society did not challenge order of settlement - In view of such position, assailment made on aspect of neighbourhood by two petitio....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
