This Court dismissed the writ appeal challenging the closure of a writ petition challenging an arbitrary enhancement of fishery value. The Court held that since the tender process continues and the appellant could bid, no interference was necessary.
The writ appeal is dismissed. No cost.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010265932019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA 295/2019
1:DIBRUGARH FISHERY CO-OPERATIVE SOCIETY LIMITED, DIBRUGARH DIST.- DIBRUGARH, ASSAM, REP. BY ITS CHAIRMAN SRI BIKASH DAS, SON OF LATE BOPUL DAS, R/O- NORTH AMOLAPOTTY, DIBRUGARH TOWN, DIST.- DIBRUGARH, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI- 781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAN REVENUE AND DISTER MANAGEMENT DISPUR
GUWAHATI- 781006.
3:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI- 781006.
4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR
GUWAHATI- 781006.
5:THE DEPUTY COMMISSIONSER DIBRUGARH DIST.- DIBRUGARH ASSAM PIN- 786003.
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6:THE ADDITIONAL DEPUTY COMMISSIONER (I/C) SADIYA SUB-DIVISION CHAPAKHOWA
B E F O R E
HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON’BLE MR. JUSTICE NELSON SAILO
Advocate for the appellant : Mr. S. Banik, Advocate : Mr. A. N. Hussain, Advocate Advocate for the respondents : Mr. T. C. Chutia, Govt. Advocate Date of hearing & judgment : 08.11.2019
JUDGMENT & ORDER
(Nelson Sailo.J,)
Heard Mr. S. Banik, learned counsel for the writ applicant. Also heard Mr. T. C. Chutia, learned State counsel for the State respondent.
learned Single Judge in WP (C) 7756/2019 closing the writ petition of the writ petitioner who is the appellant in the present appeal.
Notice Inviting Tender (NIT) dated 04.10.2019 issued by the respondent authorities for
settlement of “Brahmputra Part – I and Dibang River Fishery”. The grievance with which the
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appellant approached the writ Court inter-alia is that the Department drastically enhanced the annual value of the Fishery in an arbitrary manner so as to eliminate several bidders such as the appellant from the realm of the tender process. The writ Court vide order dated 23.10.2019 while directing the learned State counsel to obtain instructions, gave provisional relief to the appellant by allowing it to submit its tender without conforming to the enhanced value, in so far as the bid security was concerned.
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annual value for the Fishery concerned arbitrarily having not been decided, the appellant being aggrieved has filed the instant writ appeal.
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to interfere with the order of the learned single judge impugned by the appellant.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether this Court can interfere with the writ petition closed by the Single Judge allowing the appellant to bid, where the tender process was not cancelled.
Whether the enhancement of annual fishery value by the respondent authorities amounts to an arbitrary act warranting judicial intervention.
Dibrughar Fishery Co-Operative Society Limited, rep. by its Chairman
The State of Assam
Achintya Malla Bujor Barua
Nelson Sailo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
