Ganakpara Fishery Co Op Society ... vs The State Of Assam And 2 Ors
2023 Latest Caselaw 4583 Gua

                                                                      Page No.# 1/5

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
                                                      Page No.# 2/5


Linked Case : WP(C)/6039/2022

GANAKPARA FISHERY CO OP SOCIETY LTD.
REPRESENTED BY SECRETARY 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 5 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF FISHERIES
DISPUR
GUWAHATI-781006

2:ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
REPRESENTED BY ITS CHAIRMAN
 CHACHAL
VIP ROAD
 SIX MILE
 GUWAHATI-781036
 3:THE MANAGING DIRECTOR
ASSAM FISHERIES DEVELOPMENT CORPORATION LIMITED
CHACHAL
VIP ROAD
 SIX MILE
 GUWAHATI-781036
 4:DHIRAJ DAS
S/O HARIDAS DAS
VILL-HALDIBARI BANIAKUCHI
 P.O. AND P.S.-SARTHEBARI
 DIST-BARPETA
ASSAM-781307
 5:ARUN DAS
S/O DINESH DAS
VILL-BAMPARA
 P.O.-MAKRIKUCHI
 P.S.-JARABARI
 DIST-BARPETA
ASSAM-781305
 6:LAKHSMAN DAS
S/O PADA DAS
                                                      Page No.# 3/5

VILL-PALAHARTAL (BARADI)
P.O. AND P.S.-BARPETA
DIST-BARPETA
ASSAM-781301
------------
Advocate for : MR B D DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.



Linked Case : I.A.(Civil)/3063/2023

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
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF FISHERIES
DISPUR
GUWAHATI-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-36
 ------------
Advocate for : MR B D DAS
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 2 ORS
                                                                       Page No.# 4/5




                               BEFORE
          HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                    ORDER

Date : 10.11.2023

By the order dated 06.11.2023 query was raised before the AFDC authorities as to whether they would be open to settle the fishery in question with the petitioner at a mutually agreeable rate in the circumstance that the three higher bidders in the tender process have refused to accept the settlement.

2. In the circumstance where the higher bidders have refused to accept the settlement, there does not appear to be any discernable bar under the law to negotiate with a tenderer who had submitted a lower rate and to make a settlement at some higher mutually agreeable rate. But in response thereof, the Managing Director, Assam Fisheries Development Corporation Limited had made a communication dated 09.11.2023 that a mutually agreeable rate cannot be made in view of the full bench judgment in Haria Dublong Meen Samabay Samity Ltd. and accordingly, the judgment rendered by the full bench is also produced before the Court and an reliance is placed on paragraph 26(2) of the said judgment of the full bench wherein it is provided that proviso to Rule 12 of the Assam Fishery Rules would have no application to the AFDC.

3. Making a mutually agreeable settlement with a tenderer with a lower bidder in the circumstance where the higher bidders have refused the settlement offer and making direct settlement under Rule 12 of the Assam Fishery Rules are entirely two different and unconnected aspects.

Page No.# 5/5

4. The Managing Director be put to a notice of the inapplicability of the full bench judgment as indicated above and to respond in a more appropriate manner to the query of the Court dated 06.11.2023.

List on 20.11.2023.

JUDGE

Comparing Assistant