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2025 DIGILAW 1737 (GAU)

Bandaligaon (Reserve) Min S. S. Ltd, Represented By The Secretary, Shri Khanin Bepari v. State of Assam, Represented By The Principal Secretary To The Government of Assam, Fishery Department

2025-10-24

DEVASHIS BARUAH

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JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. B. Sinha, the learned counsel appearing on behalf of the Petitioners and Ms. S. Chutia, the learned Standing Counsel appearing on behalf of the Respondent Nos. 1, 3 and 5. I have also heard Mr. M. Chetia, the learned Government Advocate appearing on behalf of the Respondents Nos. 2 and 4. 2. The Petitioners herein are aggrieved by the communication dated 16.08.2025 issued by Joint Secretary to the Government of Assam, Fishery Department whereby the District Commissioner, Barpeta District have been informed to cancel the tender process for settlement of No.64 Barghopa Beel Fishery and go for a fresh tender by taking into account Rule 48 of the ASSAM FISHERY RULES , 1953 and the amendment notification dated 31.03.2025 and further directing that the District Commissioner should comply with the directions passed by the Supreme Court in the order dated 21.05.2025 while floating the fresh tender. 3. The case of the Petitioners herein as would appear from the materials on record is that a Notice Inviting Tender was issued on 04.03.2025 to the interested bidders for lease of the fishery namely No. 64 Barghopa Beel Fishery under Sarthebari Revenue Circle for a period of 7 (seven) years. Pursuant thereto, the Petitioners participated in the said tender process. 4. In pursuance to the said tender process, it was found that the bid submitted by the Petitioners was the highest bid and accordingly, the Additional District Commissioner, (Fishery) vide a communication dated 20.05.2025 intimated the Additional Secretary to the Government of Assam, Fishery Department about the fact that the Petitioners’ bid is the highest. 5. Pursuant thereto, on 16.08.2025, the impugned communication was issued by the Joint Secretary to the Government of Assam, Fishery Department to the District Commissioner, Barpeta District thereby directing cancellation of the earlier tender process and going ahead for a fresh tender. It is under such circumstances, the Petitioners have approached this Court by filing the present writ petition. 6. This Court has duly heard Mr. B. Sinha, the learned counsel appearing on behalf of the Petitioners who submitted that as the entire process was completed prior to the order passed by the Supreme Court on 21.05.2025, the question of issuance of a fresh tender does not arise and as such, the cancellation of the tender process was complete non-application of mind. 7. B. Sinha, the learned counsel appearing on behalf of the Petitioners who submitted that as the entire process was completed prior to the order passed by the Supreme Court on 21.05.2025, the question of issuance of a fresh tender does not arise and as such, the cancellation of the tender process was complete non-application of mind. 7. This Court have duly perused the materials on record and have further taken note of the order passed by the Supreme Court in the case of Teteliguri Navajyoti Matsyajibi Samabay Samity Limited Cooperative Society Vs. State of Assam and Others wherein the Supreme Court categorically observed that the tendering authority will have to insert a clause in the future Notice Inviting Tender indicating that the Government Circular dated 18.01.2018 will have to be followed so long as the same is in force. 8. This Court further takes note of that similar matters have been taken up by this Court on earlier occasions i.e. in the case of Shri Girikanta Das Vs. State of Assam and 3 others {WP(C) No.4355/2025} dated 04.08.2025 wherein pursuant to the order passed by the Supreme Court dated 21.05.2025, an Office Order dated 10.07.2025 has been issued by the Secretary to the Government of Assam, Fishery Department. The said Office Order dated 10.07.2025 had been reproduced in the said judgment passed by this Court dated 04.08.2025 in the case of Girikanta Das (supra) . For the purpose of the instant case, this Court further finds it appropriate to reproduce the said office order dated 10.07.2025. “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. 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 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. 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” 9. In the backdrop of the above and perusal of the materials on records, it would be seen that the Respondent State as per the ASSAM FISHERY RULES , 1953 is the authority to make the settlement. The State of Assam have duly intimated vide the impugned communication dated 16.08.2025 for cancellation of the tender on the ground that the said initiation of proceedings for settlement of the No.64 Barghopa Beel Fishery have not been made by taking into account Rule 48 of the ASSAM FISHERY RULES , 1953 and the amendment notification on 31.03.2025 which stipulates that the revenue of the Beel Fisheries should be fixed for a period of 7 (seven) years at a time with 10% annual increment. 10. This Court further takes note of the comparative chart enclosed to the present writ petition wherein the bids so submitted by the Petitioners and other bidders have been mentioned. It appears that the bid submitted by the Petitioners is not in consonance with Rule 48 of the ASSAM FISHERY RULES , 1953 as amended up to date. 11. Considering the above, it is therefore the opinion of this Court that the question of interference with the impugned communication dated 16.08.2025 would not proper. 12. Accordingly, the instant writ petition therefore stands dismissed. 13. Before parting with the records, this Court observes that the Respondent Authorities while floating a fresh tender shall duly adhere to the order passed by the Supreme Court dated 21.05.2025 as well as the Office Order dated 10.07.2025 as above quoted.