Girikanta Das vs The State Of Assam And 3 Ors
2025 Latest Caselaw 1943 Gua

Citation : 2025 Latest Caselaw 1943 Gua
Judgement Date : 4 August, 2025

Gauhati High Court

Girikanta Das vs The State Of Assam And 3 Ors on 4 August, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                              Page No.# 1/5

GAHC010167872025




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

                         Case No. : WP(C)/4355/2025

         GIRIKANTA DAS
         SON OF GULUK CHANDRA DAS
         VILL- NONOI KAMAR PANIGAON
         P.O. NAGAON SADAR
         DIST. NAGAON, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-6.

         2:THE DEPUTY COMMISSIONER

          NAGAON
          DIST. NAGAON
          ASSAM PIN-782001.

         3:THE ADDITIONAL DEPUTY COMMISSIONER

          NAGAON
          DIST. NAGAON
          ASSAM

         PIN-782001.

         4:THE DISTRICT FISHERY DEVELOPMENT OFFICER

          NAGAON
          P.O. AND DIST. NAGAON
          ASSAM
                                                                  Page No.# 2/5

For the petitioner (s)   : Mr. H. Ali, Advocate
For the respondent (s) : Mr. P. Sarma, SC, Fishery
                         Mr. M. Chetia, Govt. Advocate


                                  BEFORE
           HONOURABLE MR. JUSTICE DEVASHIS BARUAH
                         Date of Hearing     : 04.08.2025

                         Date of Judgment     : 04.08.2025
                         JUDGMENT AND ORDER (ORAL)

Heard Mr. H. Ali, the learned counsel appearing on behalf of the petitioner. Mr. P. Sarma, the learned counsel appears on behalf of the respondent Nos. 1 & 4 and Mr. M. Chetia, the learned counsel appears on behalf of the respondent Nos. 2 & 3.

2. The petitioner herein is aggrieved by the action on the part of the respondent authorities in calling for a fresh tender on 22.07.2025 through the respondent No. 2.

3. It is the case of the petitioner that the petitioner participated in the tender process initiated vide the NIT dated 04.06.2025. The petitioner had reasons to believe that the petitioner was the highest bidder and was expecting that the fishery in question would be settled with the petitioner. However, the respondent No. 2 had issued a fresh tender dated 22.07.2025 in respect of the said fishery.

4. When the matter was taken up at the stage of motion, Mr. P. Page No.# 3/5

Sarma, the learned counsel appearing on behalf of the Fishery Department, placed before this Court an Office Order dated 10.07.2025 issued by the Secretary to the Government of Assam, Fishery Department, wherein it has been categorically mentioned that the directions passed by the Supreme Court in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. vs. State of Assam & Others

dated 21.05.2025 have to be adhered to, and any omission or lapse in complying with the said directions would render the NIT in question invalid. The contents of the said Office Order are reproduced herein below:

"GOVERNMENT OF ASSAM FISHERY DEPARTMENT: DISPUR: GUWAHATI-6 OFFICE ORDER No. eCF No. 557047/422 Dated Dispur the 10.07.2025

1. Whereas the Hon'ble Supreme Court of India, vide order dated 21.05.2025 passed in Special Leave to Appeal (Civil) No. 18318 of 2024 in the matter of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. vs. State of Assam & Others, has upheld the judgment and order dated 28.05.2024 of the Hon'ble Division Bench of the Gauhati High Court in W.A. No. 88/2023 concerning the settlement of 25/28/103/104 No. Dhipujijan/Garanga/Garsag/Malia Group Fishery in Morigaon district.

2. And whereas the Hon'ble Supreme Court has, in its said judgment, specifically referred to and relied upon Government Circular No. FISH 19/65/2017-FISHERY/1 (eCF No. 50022) dated 18.01.2018, published in the Assam Gazette dated 04.04.2019, which laid down the procedure and required documents for tender-based settlement of Government fisheries.

3. And whereas based on the said judgment, the Hon'ble Supreme Court has categorically directed that henceforth, all Tender Inviting Authorities must incorporate a specific clause in the Notice Inviting Tenders (NITs) stating that the documents and procedures laid down in the aforesaid Government Circular dated 18.01.2018 shall be mandatorily followed so long as the said circular remains in force. A copy of the said Page No.# 4/5

circular is also to be enclosed with every NIT.

4. Now, therefore, in compliance with the above directions of the Hon'ble Supreme Court, all District Commissioners and Sub-Divisional Officers (Civil), being the Tender Inviting Authorities for settlement of 60% Government fisheries under Rule 3(a) and

(b) of the Assam Fishery Rules, 1953, are hereby directed to:

i. Strictly follow the direction of the Hon'ble Supreme Court and incorporate the required clause in all future NITs for settlement of Government fisheries; ii. Ensure that a copy of the Government Circular dated 18.01.2018 is annexed with the NIT .

iii. Note that any omission or lapse in complying with the above shall render the NIT invalid , and consequently, the bids received under such defective NITs shall also be treated as invalid in law.

5. It is further reiterated that the provisions of Government Order ECF No. E 496583/27 dated 03.06.2024, which provides for fixation of annual lease value for fresh settlement and bid quotation for the first year with a 10% annual increment on a cumulative basis under Rule 48 of the Assam Fishery Rules, 1953, shall also continue to remain in force for all such settlements.

6. This order is issued with the approval of the Competent Authority in the Fishery Department in due compliance with the judgment of the Hon'ble Supreme Court and as communicated by the Senior Additional Advocate General, Assam, New Delhi.

Enclosures:

1. Copy of the order dated 21.05.2025 of the Hon'ble Supreme Court in SLP (Civil) No. 18318/2024.

2. Copy of letter dated 23.05.2025 from the Sr. Addl. AG, Assam, New Delhi.

3. Copy of Govt. Circular No. FISH 19/65/2017-FISHERY/1 dated 18.01.2018.

Secretary to the Government of Assam Fishery Department"

5. It is seen from the above quoted contents that the Supreme Court made it clear in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. (supra) that all tender inviting authorities must incorporate

a specific clause in the Notice Inviting Tender stating that the documents and procedures laid down in the Government Circular Page No.# 5/5

dated 18.01.2018 shall be mandatorily followed so long as the circular remains in force, and a copy of the said circular is also required to be enclosed with the NIT.

6. This Court has duly taken note of the NIT dated 04.06.2025 as well as the subsequent NIT dated 22.07.2025. However, it is seen that both the NITs are contrary to the directions passed by the Supreme Court in the order dated 21.05.2025 passed in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. (supra) and even the

Order of the Government of Assam dated 10.07.2025.

7. Considering the above, as both the NITs dated 04.06.2025 and 22.07.2025 are contrary to the directions passed by the Government of Assam, Fishery Department, in the Office Order dated 10.07.2025 which is quoted hereinabove, and the directions of the Supreme Court, both the NITs cannot be sustained in law and are accordingly set aside.

8. Liberty is given to the Fishery Department as well as the respondents to initiate a fresh tender process by following the mandate of the Office Order dated 10.07.2025, and more particularly, the directions passed by the Supreme Court in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. (supra).