Gauhati High Court
Ganakpara Fishery Co Op Society ... vs The State Of Assam And 2 Ors on 30 September, 2022
Page No.# 1/3
GAHC010206122022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6637/2022
GANAKPARA FISHERY CO OP SOCIETY LIMITED
REP. BY SECY. SHRI GOVINDA SARKAR, AGED ABOUT 45 YEARS, S/O-
MONO SARKAR, R/O- VILL- GANAK PARA, P.O. MAKRIKUCHI, DIST.-
BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF FISHERIES,
DISPUR, GHY-06
2:ASSAM FISHERIES DEVELOPMENT CORPORATION LTD.
REP. BY ITS CHAIRMAN
CHACHAL
VIP ROAD
SIX MILE
GHY-36
3:THE MANAGING DIRECTOR
ASSAM FISHERIES DEVELOPMENT CORPORATION LTD.
CHACHAL
VIP ROAD
SIX MILE
GHY-3
Advocate for the Petitioner : MR B D DAS
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
30-09-2022
Heard Shri B. D. Das, learned Senior Counsel for the petitioner.
The petitioner is a Cooperative Society consisting of 100% fishermen belonging
to the SC category and is presently settled with one Bahuwa Tava Beel. The petitioner
had participated in a tender process for the Singra Beel in the district of Barpeta.
However, the bid of the petitioner was not considered on the ground that the
petitioner was already the settlement holder of another Beel for which the petitioner
had earlier filed writ petition i.e. WP(C) No. 5442/2022. The said writ petition was
however withdrawn with a liberty to challenge the conditions of the tender, which
gives a power to the authorities to reject the bid of a bidder who was already settled
with Beel. There is another offensive clause which gives the power to the authorities
to give the settlement to a bidder whose bid is lower than the highest bid, in case the
highest bidder refuses to take the settlement and that settlement has to be at the
same rate of the bid given by the highest bidder. Thereafter a fresh writ petition i.e.
WP(C) No. 6039/2022 has been filed by the petitioner whereby specific challenge has
been made to Clauses Nos. 4.8 and 13.1 of the tender document in which this Court
vide order dated 14.09.2022 had issued notice and had observed that the prayer for
interim relief would be considered after service of notice. It appears that during the
pendency of the said writ petition, a Re-Tender Notice No. 14/2022 has been issued on
19.09.2022 having the same Clauses.
Shri Das, the learned Senior counsel for the petitioner submits that the present
move of the respondent authorities is nothing but to frustrate the challenge made and
to circumvent the process. The learned Senior Counsel accordingly, prays for an
interim order. The learned Senior Counsel further submits that the offensive clause are
in violation of a Full Bench decision of this Court in M/s 129 Haria Dablong Min
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Mahal Samabai Samity Ltd. and etc. Vs Assam Fisheries Development
Corporation Ltd. and Ors. reported in AIR 2001 Guwahati 139.
The learned Senior Counsel further submits that in compliance of the aforesaid
Full Bench Judgment, Rules were framed and the offensive clauses are also in
violation in the same Rules.
On the other hand, Shri P. Sharma, learned Standing Counsel, AFDC submits that
the Clauses put to challenge are in accordance with the Full Bench judgment.
Issue Notice returnable by 4 (four) weeks.
Shri S. Baruah, learned State Counsel accepts notice on behalf of respondent No.
1 whereas Shri P. Sharma, learned Standing Counsel, AFDC accepts notice on behalf of
respondent Nos. 2 and 3.
Extra copies be served upon the learned counsel for the respondents during the
course of the day.
The learned Senior Counsel, Shri Das prays for an interim order.
To balance the equities, it is directed that in the interim, the petitioner be allowed
to offer its bid in respect of the present Re-Tender Notice and the same should be
considered at par alongwith other bidders. However, no final decision be taken till the
returnable date.
JUDGE
Comparing Assistant
