Case No. : Wp(C)/3668/2022 vs The Assam Fisheries Development ...
2022 Latest Caselaw 1922 Gua

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GAHC010106142022




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

                           Case No. : WP(C)/3668/2022
         UTTAM KUMAR DAS
         S/O- LT. BHUBEN DAS, R/O- VILLAGE- KACHUTOLA, P.S.- JOGIGHOPA,
         DISTRICT- BONGAIGAON, PIN- 783371, ASSAM.


         VERSUS

         THE ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. AND 3 ORS
         REPRESENTED BY THE CHAIRMAN, VIP ROAD, SIX MILE, CHACHAL,
         BORBARI, GUWAHATI- 781036, ASSAM.

         2:THE MANAGING DIRECTOR
         ASSAM FISHERIES DEVELOPMENT CORPORATION LTD.
         VIP ROAD
          SIX MILE
          CHACHAL
          BORBARI
          GUWAHATI- 781036
         ASSAM.

         3:THE GENERAL MANAGER
         ASSAM FISHERIES DEVELOPMENT CORPORATION LTD.
         VIP ROAD
          SIX MILE
          CHACHAL
          BORBARI
          GUWAHATI- 781036
         ASSAM.

         4:THE PROJECT MANAGER
         ASSAM FISHERIES DEVELOPMENT CORPORATION LTD.
          LOWER ASSAM ZONAL OFFICE
         ABHAYAPURI
          BONGAIGAON
         ASSAM
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Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : SC, AFDC




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                         ORDER

01-06-2022 Heard Shri K. N. Choudhury, learned Sr. Counsel assisted by Shri M. Das, learned counsel for the petitioner.

It is the case of the petitioner that the Tamranga Konora Group Fisheries in the district of Bongaigaon was settled with the petitioner for a period of 7 years from 22.07.2022 to 21.07.2027. However, due to some default in payment of the kist money, the settlement was cancelled and a move was made to go ahead with a fresh tender process vide order dated 21.06.2022 and a move was there to go for a fresh tender process. The said action was the subject matter of a writ petition i.e. WP(C) No. 3509/2021 in which this Court vide order dated 03.08.2021 while issuing notice had directed that the tender process initiated could be gone ahead however with liberty to the petitioner to take part in the said process. However, there was a stipulation not to finalize the same. The learned Sr. Counsel has now referred to an order dated 21.05.2022 from where it appears that the intermediate process to settle the fishery in question by a fresh tender has been cancelled with an observation that the General Manager of the Corporation be directed to initiate fresh tender process of the fishery immediately. The Sr. Counsel submits that while he is not aggrieved by the first part of the order by which the intermediate process to settle the fishery in question has been cancelled. However, since the initial order of cancellation dated 21.05.2022 is the subject matter of challenge in WP(C) No. 3509/2021 which is sub- judice before this Court, the observation is directing initiation of a fresh tender process Page No.# 3/3

of the fishery is not permissible in law.

Issue notice, returnable by 4 (four) weeks.

Shri P. Sarma, learned Standing Counsel, AFDC accepts notice on behalf of all the respondents.

Extra copies be served upon him within 2 (two) days.

Heard the parties on the interim prayer.

The Sr. Counsel by placing reliance upon a judgment passed by a Division Bench of this Court reported in 2014 (4) GLT 55 (Akaddas Ali Vs State of Assam & Ors) has contended that it is the settled law that when the Court is in session of a matter, an administrative authority cannot institute a parallel proceeding on the same subject and such action will amount to directly interfering with the dispensation of justice by code of law. The aforesaid proposition is however countered by the learned Standing Counsel by stating that the facts are different in the present case as the cancellation was done on a previous occasion also.

The Sr. Counsel further makes a statement on instructions that the petitioner is ready and willing to pay the outstanding dues as on the date when possession was taken over from the petitioner by the Corporation.

Upon balancing the equities and also the stand taken by the petitioner regarding clearance of the outstanding dues, this Court directs that till the returnable date, no fresh tender process be initiated pursuant to the impugned order dated 21.05.2022.

List on 22.06.2022.

JUDGE

Comparing Assistant