Compliance with Supreme Court guidelines is essential for the validity of tender invitations in the tender process for government fisheries.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. H. Ali, the learned counsel appearing on behalf of the petitioner. Mr. P. Sarma, the learned counsel appears on behalf of the respondent Nos. 1 & 4 and Mr. M. Chetia, the learned counsel appears on behalf of the respondent Nos. 2 & 3.

2. The petitioner herein is aggrieved by the action on the part of the respondent authorities in calling for a fresh tender on 22.07.2025 through the respondent No. 2.

3. It is the case of the petitioner that the petitioner participated in the tender process initiated vide the NIT dated 04.06.2025. The petitioner had reasons to believe that the petitioner was the highest bidder and was expecting that the fishery in question would be settled with the petitioner. However, the respondent No. 2 had issued a fresh tender dated 22.07.2025 in respect of the said fishery.

4. When the matter was taken up at the stage of motion, Mr. P. Sarma, the learned counsel appearing on behalf of the Fishery Department, placed before this Court an Office Order dated 10.07.2025 issued by the Secretary to the Government of Assam, Fishery Department, wherein it has been categorically mentioned that the directions passed by the Supreme Court in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. vs. State of Assam & Others dated 21.05.2025 have to be adhered to, and any omission or lapse in complying with the said directions would render the NIT in question invalid. The contents of the said Office Order are reproduced herein below:

“GOVERNMENT OF ASSAM

FISHERY DEPARTMENT: DISPUR: GUWAHATI-6

OFFICE ORDER

No. eCF No. 557047/422

Dated Dispur the 10.07.2025

1. Whereas the Hon'ble Supreme Court of India, vide order dated 21.05.2025 passed in Special Leave to Appeal (Civil) No. 18318 of 2024 in the matter of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. vs. State of Assam & Others, has upheld the judgment and order dated 28.05.2024 of the Hon'ble Division Bench of the Gauhati High Court in W.A. No. 88/2023 concerning the settlement of 25/28/103/104 No.

Dhipujijan/Garanga/Garsag/Malia Group Fishery in Morigaon district.

2. And whereas the Hon'ble Supreme Court has, in its said judgment, specifically referred to and relied upon Government Circular No. FISH 19/65/2017-FISHERY/1 (eCF No. 50022) dated 18.01.2018, published in the Assam Gazette dated 04.04.2019, which laid down the procedure and required documents for tender-based settlement of Government fisheries.

3. And whereas based on the said judgment, the Hon'ble Supreme Court has categorically directed that henceforth, all Tender Inviting Authorities must incorporate a specific clause in the Notice Inviting Tenders (NITs) stating that the documents and procedures laid down in the aforesaid Government Circular dated 18.01.2018 shall be mandatorily followed so long as the said circular remains in force. A copy of the said circular is also to be enclosed with every NIT.

4. Now, therefore, in compliance with the above directions of the Hon'ble Supreme Court, all District Commissioners and Sub-Divisional Officers (Civil), being the Tender Inviting Authorities for settlement of 60% Government fisheries under Rule 3(a) and (b) of the ASSAM FISHERY RULES , 1953, are hereby directed to:

i. Strictly follow the direction of the Hon'ble Supreme Court and incorporate the required clause in all future NITs for settlement of Government fisheries;

ii. Ensure that a copy of the Government Circular dated 18.01.2018 is annexed with the NIT

iii. Note that any omission or lapse in complying with the above shall render the NIT invalid and consequently, the bids received under such defective NITs shall also be treated as invalid in law.

5. It is further reiterated that the provisions of Government Order ECF No. E 496583/27 dated