JUDGMENT :

SUMAN SHYAM, J.

1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Ms. R.R. Kakaty, learned counsel for the appellant. We have also heard Mr. R.K. Bora, learned Additional Senior Government Advocate, Assam, appearing for the respondent nos. 1, 2 & 3 and Mr. S. Borthakur, learned counsel for the respondent no. 4.

2. This intra-court appeal is directed against the judgment and order dated 15/02/2023 passed by the learned Single Judge disposing of 2 (two) writ petitions, i.e. WP (C) No. 3215/2021 and WP (C) No. 3372/2021, thereby interfering with the order of settlement of fishery dated 08/03/2021 passed by the Government of Assam in favour of the appellant.

3. The facts and circumstances giving rise to the filing of the present appeal, are briefly narrated herein-below:

(i) Pursuant to a consent order dated 05/01/2021 passed by the Division Bench of this Court in WA No. 142/2020 granting leave to the Fishery Department to float a tender for settlement of Dhipujijan/Garanga/Garchak, Malia Group Fishery in the district of Morigaon, the Deputy Commissioner of Morigaon i.e. the respondent no. 3 herein had floated NIT dated 19/01/2021 inviting bids for settlement of the aforesaid fishery for a period of 7 (seven) years. The NIT had clearly mentioned that the fishery in question falls within 60% category and the total revenue for the last year was Rs. 11,51,205/-.

(ii) In response to the aforesaid NIT, several tenderers including the appellant and the respondent no. 4 had submitted their bids. The private respondent had quoted an amount of Rs. 2,62,59,529/- @ Rs. 37,51,360/- per annum, which was the highest amount. The appellant had quoted Rs. 1,99,85,000/- for 7 years @ Rs. 28,55,000/- per annum, which was the 5th highest amount. No. 11 Part-V Kalong Nadi Anchalik MSS Ltd. had quoted Rs. 1,82,03,857/- for 7 years @ Rs. 26,00,551/- per annum and was the 8th highest bidder.

(iii) It appears from the record that there were 12 bidders in total. After evaluating the bids submitted by all the bidders, the authorities had found that the bid submitted by the respondent no. 4, which had quoted highest amount, was technically non-responsive. So also was in the case with the other tenderers quoting higher price than the appellant. However, the tender of the appellant was found to be free from all defect. Accordingly, the appellant was held to be the highest valid bidder and on such count, the settlement of the fishery was granted to the appellant by the order dated 08/03/2021.

4. Assailing the order dated 08/03/2021, the respondent no. 4 herein, viz. M/s. Teteliguri Navajyoti Matasyajibi Samabay Samity had approached this Court by filing WP (C) 3215/2021. No. 11 Part-V Kalong Nadi Anchalik MSS Ltd., which was the 8th highest bidder, had also assailed the order of settlement dated 08/03/2021 by filing WP (C) No. 3372/2021. By the impugned judgment and order dated 15/02/2023, the learned Single Judge had held that the rejection of the bid of the respondent no. 4 on the grounds mentioned in the order of settlement were untenable in the eyes of law in view of the law laid down by this Court in the case of Malegarh Gobindapur Fishery Cooperative Society Ltd. vs. State of Assam and Others, 2021 (5) GLT 107, which decision was upheld by the Division Bench vide judgment dated 27.04.2022 passed in Writ Appeal No. 306/2021, Pub Goalpara Fishery Cooperative Society vs. State of Assam and Others.

5. By referring to the decisions in the case of Dhaniram Gogoi vs. State of Assam, 1988 (4) GLT 37 and Tarun Bharani vs. State of Assam and Others, (1991) 2 GLR 296, the learned Single Judge has further observed that in matters of settlement, which earns revenue for the Government, the paramount consideration is price which is in public interest. Having held as above, the learned Single Judge had set aside the order of settlement dated 08/03/2021, thus, allowing the WP (C) No. 3215/2021 and issued a direction for settling the fishery with the writ p