Request for review of order allowing fishery tender to a society whose secretary was alleged to hold a suspended fair price shop licence rejected on merits. Hold that it would be preferable to file new writ rather than file review.
Review petition held to be devoid of merit and dismissed.
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GAHC010297272019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./195/2019
M/S PATBAUCHI MEEN SAMABAI SAMITEE LTD.
REP. BY ITS SECRETARY, ANANDA RAM DAS, AGED ABOUT 45 YEARS, HAVING ITS REGISTERED OFFICE AT VILL.- PATBAUCHI UNDER P.O. PATBAUCHI, BARPETA- 781314, DIST.- BARPETA, ASSAM.
VERSUS
M/S KAYAKUCHI GAON MEEN SAMABAI SAMITEE LTD. AND 3 ORS A REGISTERED CO-OPERATIVE SOCIETY HAVING ITS REGISTERED OFFICE AT VILLAGE KAYAKUCHI GAON UNDER P.O. KAYAKUCHI IN THE DISTRICT OF BARPETA, ASSAM, REP. BY ITS SECRETARY VIZ. SRI ABHIRAM SARKAR, AGED ABOUT 64 YEARS, S/O- LATE KUKA RAM SARKAR, R/O- VILL.- KAYAKUCHI GAON, P.O. NOLIGAON, PIN- 781352, DIST.- BARPETA, ASSAM.
2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-6.
3:THE JOINT SECRETARY TO THE GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-6.
4:THE DEPUTY COMMISSIONER BARPETA ASSAM PIN- 781301
Advocate for the Petitioner : MR. S BORTHAKUR
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Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
06.12.2021
Heard Mr. K. Mohammed, learned counsel appearing for the review petitioner. I have also heard Mr. S. Kataki, learned counsel appearing for the respondent No.1 and Mr. K. Goswami, learned Addl. Sr. Govt. Advocate, Assam, representing the respondent Nos.2, 3 and 4.
Rs.64,50,000/- and became the 3rd highest bidder. After scrutiny of the tenders,
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it was found that there were several discrepancies in the bid submitted by the review petitioner. Notwithstanding the same, by the order dated 23.07.2018, the fishery was settled with the review petitioner for a period of seven years.
23.07.2018 was set aside and the matter was remanded back to the Government to take a fresh decision in the matter in accordance with law.
(2014) SCC Online Gau 52 Mr. Mohammed submits that since the Secretary of the respondent No.1 society was engaged in some other business i.e. Fair Price Shop, he cannot claim to be a 100% fisherman and therefore, the respondent No.1/writ petitioner was not eligible to participate in the tender process. That
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apart, submits Mr. Mohammed, Sri Abhiram Sarkar is also a member of the Desbhakta GPSS Ltd., which also disqualifies him from claiming to be a 100% fisherman. Urging that this new fact was discovered after the impugned order dated 29.10.2019 passed by this Court, Mr. Mohammed seeks review and/or recall of the order and a fresh hearing of the writ petition on merit.
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order dated 29.10.2019 disposing of the writ petition. The order dated 29.10.2019 has already been implemented by the departmental authorities and the order of settlement of the fishery in question has also been issued in favour of the respondent No.1. I also find that there is a letter dated 27.11.2019 (Annexure-G), which appears to be a reply to the query made under the Right to Information Act, 2005. A perusal of the letter dated 27.11.2019 goes to show that the fair price shop licence earlier issued to Sri Abhiram Sarkar i.e. the Secretary of the respondent No.1 Society had been suspended on 24.09.2014. There is nothing to show that the suspension of the Fair Price Shop licence has been revoked subsequently.
readily presumed that the society was not eligible to participate in the tender process, more so, since no such complaint has been lodged by the review petitioner before the concerned authority. The notification dated 06.11.2019 would, at best, give rise to a new ground for the petitioner to urge in the writ proceeding on merit of the case, but the same, in the opinion of this Court, would not prima-facie indicate that the Secretary of the respondent No.1/writ petitioner society was not a 100% fisherman justifying recall or review of the order dated 29.10.2019, that too, after the said order has been given effect to by the departmental authority.
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stands dismissed. It would, however, be open for the review petitioner to avail appropriate legal remedy in the matter, as may be permissible under the law, if so advised.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether socio-economic condition of an individual and fair price shop licence operates as valid ground for challenge in fresh proceeding rather than a review petition.
Whether discovery of documents showing eligibility criteria were not met justifies review of an order passed after implementation.
Colour shows how this judgement treated each authority
Purana Sonai vs. State of AssamReferred¶29
(2014) SCC Online Gau 52 · Who else cites this
2 provisions across 2 enactments
M/S Patbauchi Meen Samabai Samitee Ltd.
M/S Kayakuchi Gaon Meen Samabai Samitee Ltd.
The State of Assam
The Joint Secretary to the Govt. of Assam Fishery Department
The Deputy Commissioner Barpeta
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
