M/S Parghat Kaibarta Min Silpa ... vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1626 Gua

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GAHC010085402022




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

                         Case No. : WP(C)/3079/2022

         M/S PARGHAT KAIBARTA MIN SILPA SAMABAI SAMITI LTD.
         P.O.- GHILAMARA, DIST.- LAKHIMPUR, REPRESENTED BY ITS
         SECRETARY, SRI HARENDRA HAZARIKA.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-
         781006.

         2:JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
          FISHERY DEPARTMENT
          DISPUR
          GUWAHATI- 781006.

         3:DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM
          FISHERY DEPARTMENT
          DISPUR
          GUWAHATI- 781006.

         4:THE DEPUTY COMMISSIONER

          LAKHIMPUR.

         5:THE DISTRICT FISHERY DEVELOPMENT OFFICER
          LAKHIMPUR.

         6:M/S KARHA FISHERY SAMABAI SAMITTEE LTD.
         VILL. PUTHIKATHI
          PO- BATMARI
          DIST.- LAKHIMPUR- 782122
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Advocate for the Petitioner   : MR. I CHOWDHURY SR ADV

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                 HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                             ORDER

13-05-2022 Heard Mr. I Choudhury, learned Senior counsel assisted by Mr. S Biswakarma, learned counsel for the petitioner and Mr. K Gogoi, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1 to 5.

Challenging the order No. FISH 127/94/Pt II/422 (eCF No. 11973) dated 07.04.2022 with regard to settlement of Karha Part-II Fishery in Dhakuakhana Sub Division of Lakhimpur district with the respondent No. 6 at its offered price of Rs. 11,31,101/- per annum in the bid process for which Notice Inviting Tender was issued on 20.11.2021 by the Sub Divisional Officer, Dhakuakhana, the petitioner has preferred this writ petition stating that in the said bid process dated 20.11.2021, though he participated, the respondent authorities disregarding his better claim settled the said fishery with the respondent No. 6.

It is stated that the respondent No. 6 has been operating the adjacent Karha Part-I Fishery at settled price of Rs. 4,21,000/- per annum since 2013 and is seeking remission of said amount from the Government in the Fishery Department of the state and that the respondent authorities inspite of knowing about such prayer of remission by the said respondent, settled the said Karha Part-II Fishery at Rs. 11,31,101/- per annum for a period of 7 years with the respondent No. 6 and thereby created a monopoly in respect of settlement of both Karha Part-I Fishery as well as Karha Part-II Fishery, noted above.

In this regard Mr. Choudhury, learned Senior counsel placed reliance on a Judgment of this Court reported in 1997 (1) GLT 124 and 276.

Issue notice, returnable by 4(four) weeks.

As Mr. K Gogoi, learned Additional Senior Government Advocate, Assam has accepted notice on behalf of the respondent Nos. 1 to 5, no formal notice need to be issued to those Page No.# 3/3

respondents.

Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto, to Mr. K Gogoi on or before 17.05.2022, obtaining necessary acknowledgement from him in that regard.

Petitioners shall take steps for service of notices on the respondent No. 6 by registered post with A/D by 17.05.2022, providing his proper and correct address with requisite postal stamps.

In addition to the above, the petitioners shall also take steps for service of notices on the respondent No. 6 by dasti/personal service to be routed through the Registry of this Court. Such dasti/personal service on the respondent No. 6 shall be made by serving a copy of this writ petition including the Annexures appended thereto and by obtaining his signature and date in presence of one or more witnesses. Thereafter, the petitioners shall file an affidavit towards completion of such dasti/personal service on the said respondent No. 6.

With regard to the interim prayer of the petitioner, issue notice returnable by 4 weeks.

On the next date of listing of the matter, the respondents in the Fishery Department of the State shall place the relevant records in original pertaining to the settlement of Karha Part-II Fishery in Dhakuakhana Sub Division of Lakhimpur district with the respondent No. 6 by the settlement order dated 07.04.2022 (Annexure N to this writ petition).

Copy of this order be furnished to Mr. K Gogoi, learned Additional Senior Government Advocate, Assam for his necessary use.

List accordingly.

JUDGE

Comparing Assistant