Subrata Das v. Assam Fisheries Development Corporation Ltd & 2 Ors.
2016-05-06
AJIT SINGH, SUMAN SHYAM
body2016
DigiLaw.ai
Ajit Singh, CJ.:-- 1. This intra court appeal is directed against the order dated 18.3.2016 passed by the learned Single Judge of this High Court in WP(C) No. 1586/2016 whereby he has allowed respondents to finalize the settlement of Baraknadi Anua Fishery of Cachar District in favour of Faizul Hoque. 2. On 13.2.2016, tender notice was published in the newspaper Dainik Jugashankha for settlement of Baraknadi Anua Fishery of Cachar District. 3. Admittedly, as per the guidelines formulated by the Assam Fisheries Development Corporation Ltd. (AFDC) for settlement of fisheries, notice inviting tenders should be published 15 days prior to the date of submission of tender. But, in the present case, notice was published much less than 15 days. For this reason, appellant says he could not get sufficient time to participate in the tender process though, he had every intention to participate. And in the tender, financial bid at Rs. 9,01,000/- being the highest amongst six participating tenderers, has been accepted by the concerned authorities. Aggrieved, the appellant has filed WP(C) No. 1586/2006 wherein he also prayed for an interim direction restraining the authorities not to finalize the settlement in favour of anyone. But the learned Single Judge, while issuing notice on merit, has granted liberty to the authorities to finalize the settlement of Baraknadi Anua Fishery. Aggrieved, the appellant has filed the present appeal. 4. During the course of hearing, on our asking the appellant what financial bid he would offer, he has on affidavit offered Rs. 10 lakh per year for the same fishery,provided settlement was made in his favour for 7 years. 5. It is to be noted that tender notice published on 13.2.2016 was also for 7 years. It is, thus, clear that had the tender notice been published as per guidelines 15 days prior to the date of submission of tender, the appellant too would have participated making a financial bid of double the amount offered by Faizul Hoque. This would have also brought more revenue to the Fishery Department. 6. We, accordingly, set aside the order dated 18.3.2016. We also prohibit the respondents from finalizing the settlement of Baraknadi Anua Fishery in favour of Faizul Hoque till the final decision of WP(C) No. 1586/2016. The learned Single Judge is requested to decide WP(C) No. 1586/2016 on an early date.
6. We, accordingly, set aside the order dated 18.3.2016. We also prohibit the respondents from finalizing the settlement of Baraknadi Anua Fishery in favour of Faizul Hoque till the final decision of WP(C) No. 1586/2016. The learned Single Judge is requested to decide WP(C) No. 1586/2016 on an early date. With the above direction to the respondents and request to the learned Single Judge, the appeal is allowed.