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2024 Supreme(Gau) 787

VIJAY BISHNOI, SUMAN SHYAM
Pakoriduba Matsyajibi Samabai Smity Ltd. – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K.N. Choudhury, R.R. Kakaty.
For the Respondents: R.K. Bora, S. Borthakur.

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

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