GAHC010240442022

2026:GAU-AS:6324 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7584/2022 M/S GAURIPUR COOP FISHERY SOCIETY LTD REP. BY ITS PRESIDENT, SRI SHIBEN NAMASUDRA, AGED ABOUT 60 YEARS, R/O- VILL- GAURIPUR, P.O. GAURIPUR, DIST.- DHUBRI, ASSAM, PIN- 783331 VERSUS THE STATE OF ASSAM AND 7 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, FISHERY DEPTT., DISPUR, GHY-06

2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FISHERY DEPTT.

DISPUR GHY-06

3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPTT.

DISPUR GHY-06

4:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GHY-22

5:THE DY. COMMISSIONER DHUBRI DHUBRI DISTRICT ASSAM PIN- 783301

6:THE ADDL. DY. COMMISSIONER (FISHERY)

DHUBRI DHUBRI DISTRICT ASSAM PIN- 783301

7:THE CIRCLE OFFICER GAURIPUR REVENUE CIRCLE DISTRICT DHUBRI PIN- 783331 ASSAM

8:M/S GERAMARI GAON PANCHAYAT MIN SAMABAY SAMITY LTD.

VILL- BAGURAPARA P.O. ASHARIKANDI DIST.- DHUBRI ASSAM PIN- 78333 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. M. K. Choudhury, Advocate : Mr. D. J. Medhi, Advocate For the Respondent(s) : Mr. K. N. Choudhury, Sr. Advocate : Mr. U. Goswami, Advocate : Mr. G. Bordoloi, Standing Counsel : Mr. K. Gogoi. Addl. Sr. GA, Assam · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 05.05.2026 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes

JUDGMENT AND ORDER (ORAL)

Heard Mr. M. K. Choudhury, the learned Senior counsel assisted by Mr. D. J. Medhi, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1, 2, 3, 5, 6 and 7. I have also heard Mr. G. Bordoloi, the learned Standing counsel appearing on behalf of the Respondent No.4 as well as Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. U. Goswami, the learned counsel appearing on behalf of the Respondent No.8.

PREFACE:

2. The present writ petition has been filed by the Petitioner challenging various reports as well as orders passed which led to the order dated 15.11.2022 and further seeking a direction that the Group No.1/87 Dharnad Brahmaputra Part-I and Satkuri Nadi Fishery be settled with the Petitioner for a period of 7 (seven)

years as the Petitioner was the valid highest bidder.

3. At the outset, it is very pertinent to take note of that the impugned order dated 17.10.2022 passed by the Respondent No.3, the Letter/Report No.DRF.5/2020/441-42 dated 29.09.2020 of the Deputy Commissioner, Dhubri, the Speaking Order No.DRF5/2020 dated 14.09.2020 of the Additional Deputy Commissioner, Dhubri, Report No.GRP(s)3/2019/339 dated 28.08.2020 have merged with the impugned order dated 15.11.2022. Under such circumstances, the issue involved in the present proceedings is as to whether this Court is required to interfere with the impugned order dated

15.11.2022 passed by the Respondent No.2.

BRIEF FACTS:

4. A Notice Inviting Tender was issued on 27.02.2020 for settlement of Group No.1/87 Dharnad Brahmaputra Part-I and Satkuri Nadi Fishery (hereinafter referred to as the “fishery in question”) for the period from 2019-20 to 2025-26. The said Notice Inviting Tender stipulated various terms and conditions including the necessity of Bakijai Clearance Certificate to be obtained from the concerned Office of the Deputy Commissioner distinctly in the name of the society or self-help group.

5. The records further reveal that there were various litigations as regards the settlement in respect to the fishery in question. Pursuant to the various orders passed by the learned Coordinate Benches as well as the learned Division Bench of this Court, an order was passed on 17.10.2022 by the Joint Secretary to the Government of Assam, Fishery Department whereby the Respondent No.8 society was offered the fishery in question for settlement at Rs.1,90,05,000/- for 7 (sev