Bimal Krishna Das vs The Assam Fisheries Development ...
2022 Latest Caselaw 3178 Gua

                                                                  Page No.# 1/3

GAHC010165782022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/5414/2022

            BIMAL KRISHNA DAS
            S/O LT. BHUPESH CHANDRA DAS,
            VILL.- GOVINDAPUR PART- III,
            P.O.- GOVINDAPUR WEST,
            DIST.- CACHAR, ASSAM, PIN- 788804.



            VERSUS

            THE ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED AND 2
            ORS
            REP. BY THE CHAIRMAN, V.I.P ROAD, CHACHAL, GUWAHATI, DIST.-
            KAMRUP, ASSAM- 781036.

            2:THE MANAGING DIRECTOR
            ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
            V.I.P ROAD
             CHACHAL
             GUWAHATI
             DIST.- KAMRUP
            ASSAM- 781036.

            3:THE DISTRICT FISHERIES DEVELOPMENT OFFICER
             CACHAR
             SILCHAR

Advocate for the Petitioner   : MR. I ALAM

Advocate for the Respondent : SC, AFDC




                                         BEFORE
                                                                                  Page No.# 2/3

                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                             ORDER

Date : 24-08-2022

Heard Mr. B.J. Ghosh, learned counsel for the writ petitioner.

Assailing the Re-tender notice No. 9/2022 issued by the respondent No. 2, the

instant writ petition has been filed, inter alia, contending that the process initiated by the

department is not only contrary to the earlier orders passed by this Court but is also

violative of the fundamental rights of the petitioner.

Mr. Ghosh submits that two other similar writ petitions instituted by the petitioner

challenging similar tender notices pertaining to the same fishery has been finally heard

and judgment is reserved. However, during pendency of these matters, the respondents

are seeking to settle the fishery without obtaining leave of the Court.

Mr. P. Sharmah, learned standing counsel, AFDC submits that he be granted time

till 07-09-2022 to obtain instruction with an assurance to the Court that the tender will

not be finalized till the next date fixed.

Issue notice of motion returnable on 07-09-2022.

Since Mr. Sharmah has accepted notice on behalf of respondent Nos. 1 and 2 and

Mr. C.K.S. Baruah, learned Govt. Advocate, Assam has accepted notice on behalf of

respondent No. 3, service of notice is complete in this case.

Extra copies of the writ petition, requisite in numbers, be furnished to the learned

departmental counsel.

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Let this matter be listed again on 07-09-2022 for admission hearing by reflecting

the names of learned counsel for all the respondents in the cause list.

Heard on the prayer of interim relief.

As an ad-interim measure, it is provided that the tender in question shall not be

finalized till the returnable date.

JUDGE GS

Comparing Assistant