Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 8 Ors on 6 June, 2024
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/6
GAHC010021202022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/737/2022
DIBRU PART-I MEEN SAMABAI SAMITI LTD. AND ANR.
A REGISTERED FISHERY CO-OPERATIVE SOCIETY SITUATED AT GUIJAN,
P.S.TINSUKIA, DIST. TINSUKIA, AND IS REPRESENTED BY ITS SECRETARY
SRI BIJAY MALLAH, S/O NANTUN MALLAH, HILIKHA GHAT, P.O-
BORHAPJAN, DOOMDOOMA, HILIKHA T.E. 265 WL, P.O. RANGAGORAH,
P.S. TINSUKIA, DIST. TINSUKIA, ASSAM
2: SRI BIJAY MALLAH
SON OF NANTUN MALLAH
SECRETARY OF DIBRU PART-I MEEN SAMABAI SAMITI LTD.
R/O HILIKHA GHAT
P.O- BORHAPJAN
DOOMDOOMA
HILIKHA T.E. 265 WL
P.O- RANGAGORAH
P.S- DOOMDOOMA
DIST- TINSUKIA
ASSAM
VERSUS
THE STATE OF ASSAM AND 8 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, FISHERIES
DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FISHERIES DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE DEPARTMENT
Page No.# 2/6
DISPUR
GUWAHATI-6.
4:THE ADDITIONAL SECRETARY
TO THE GOVT. OF ASSAM
FISHERIES DEPARTMENT
DISPUR
GUWAHATI-6
KAMRUP (M)
ASSAM
5:THE DEPUTY SECRETARY
TO THE GOVT. OF ASSAM
FISHERIES DEPARTMENT
DISPUR
GUWAHATI-6
KAMRUP (M)
ASSAM
6:THE DEPUTY COMMISSIONER
TINSUKIA
DIST. TINSUKIA
ASSAM
7:THE ADDITIONAL DEPUTY COMMISSIONER
I/C SADIYA SUB-DIVISION
DIST. TINSUKIA
ASSAM
8:THE DISTRICT FISHERY DEVELOPMENT OFFICER
TINSUKIA
DIST. TINSUKIA
ASSAM
9:M/S DIBRU-DANGORI PART-I MEEN SAMABAY SAMITY LTD.
REP. BY ITS SECRETARY
SRI BIKASH DAS
S/O LATE SACHINDRA MOHAN DAS
R/O DIGHALTARANG
TINSUKIA-786151
DIST. TINSUKIA
ASSA
Advocate for the Petitioner : MR. J I BORBHUIYA
Page No.# 3/6
Advocate for the Respondent : SC, REVENUE
Linked Case : WP(C)/941/2020
M/S. SAIKHOWA SADIYA MIN SAMABAI SAMITI LTD.
A REGD. FISHERY CO-OPERATIVE SOCIETY HAVING ITS REGD. OFFICE AT
HATIGHULI
DHOLA
IN THE DIST. OF TINSUKIA
ASSAM. REP. BY ITS SECY.
SRI MAINA BISWAS
AGED ABOUT 61 YEARS
S/O- LT. MALADHAR BISWAS
R/O- VILL. HATIGHULI
P.O. SAIKHOWAGHAT
P.S. DHOLLA
DIST. TINSUKIA ( ASSAM).
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY.
FISHERY DEPTT.
DISPUR
GHY.- 06.
3:THE ADDL. DY. COMMISSIONER (INCHARGE)
SADIYA SUB-DIVISION
CHAPAKHOWA
ASSAM.
4:SUB-DIVISIONAL OFFICE (C) SADIYA
CHAPAKHOWA (FISHERY BRANCH).
5:M/S DIBRU DANGARI RIVER PART-I MIN SAMABAI SAMITI LTD.
A REGISTERED FISHERY CO-OPERATIVE SOCIETY HAVING ITS
REGISTERED OFFICE AT DIGHALTARANG
IN THE DIST. OF TINSUKIA
ASSAM
REPRESENTED BY ITS SECY.
P.O. GUIJAN
IN THE DIST. OF TINSUKIA
ASSAM.
------------
Advocate for : MR. P K R CHOUDHURY
Page No.# 4/6
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Linked Case : WP(C)/3408/2020
M/S. SAIKHOWA SADIYA MIN SAMABAI SAMITI LTD.
A REGISTERED FISHERY CO-OPERATIVE SOCIETY HAVING ITS REGISTRED
OFFICE AT HATIGHULI DHOLA
DIST. TINSUKIA
ASSAM
REP. BY ITS SECRETARY
SRI MAINA BISWAS AGED ABOUT 61 YEARS
S/O LT. MALADHAR BISWAS
R/O VILL. HATIGHULI
P.O. SAIKHOWAGHAT
P.O. DHOLLA DIST. TINSUKIA (ASSAM)
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY FISHERY DEPTT. DISPUR
GUWAHATI-781006
2:THE DEPUTY COMMISSIONER
TINSUKIA
DIST. TINSUKIA
ASSAM
3:THE ADDITIONAL DEPUTY COMMISSIONER (INCHARGE)
SADIYA SUB DIVISION
CHAPAKHOWA
ASSAM
4:SUB- DIVISIONAL OFFICE (C)
SADIYA
CHAPAKHOWA (FISHERY BRANCH)
5:DIBRU DANGARI PART- I
MIN SAMABAI SAMITI LIMITED.
------------
Advocate for : MR. N G KUNDU
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.
Page No.# 5/6
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
06.06.2024
The case of the petitioner Dibru Part-I Meen Samabai Samiti Limited in
WP(C) 737/2022 is to the effect that his bid for settlement of the fishery was
the highest at Rs.56,07,000/-. The bid of the respondent no.9 M/s Dibru-
Dangori Part-I Meen Sasmabay Samity Limited was H2 i.e. @ Rs.25,97,000/-.
The bid of M/s Saikhowa Sadiya Min Samabai Samiti Limited, the writ petitioner
in WP(C) 941/2020 was Rs.22,11,000. The tender/bid of the petitioner in WP(C)
737/2022 was not considered by the State respondents on the ground that he
did not submit Neighbourhood Certificate, as the same was not a requirement
under the terms and conditions of the NIT dated 04.10.2019.
However, the counsel for the respondent no.9 submits that in terms of the
Division Bench judgment of this Court in WA 88/2023, which was disposed of
vide judgment and order dated 28.05.2024, even if there is no requirement in
the NIT for submitting a Neighbourhood Certificate, the same being a
requirement under the Notification dated 18.01.2018 issued by the Additional
Chief Secretary to the Government of Assam, Fishery Department, the petitioner
cannot plead ignorance of the same, as there will be a presumption that
members of the public were aware of the aforesaid notification. As such, the
petitioner was to have submitted his Neighbourhood Certificate along with his
bid documents, even if the NIT did not make any stipulation for submission of a
Neighbourhood Certificate.
Mr. J.I. Borbhuiya, learned counsel for the petitioner prays for time to
produce citations showing that unless the terms and conditions in the NIT
Page No.# 6/6
required submission of specific documents, the non-submission of documents
which are not stipulated in the NIT, cannot be the basis for disqualifying the bid
of the petitioner.
List these matters after 2 (two) weeks.
JUDGE
Comparing Assistant
