Writ petition regarding lease extension of Kangtar Fishery rendered infructuous after a corrigendum dropped the fishery from the re-tender notice, making it unnecessary to decide the matter.
Writ petition closed as infructuous. Corrigendum dated 05.11.2022 marked as Annexure-X.
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GAHC010233612022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2222/2022
ABDUL JALIL S/O. NASIB ALI R/O. VILL. KANGTAR P.O. JADHUTILLA AND DIST. KARIMGANJ ASSAM.
VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF FISHERY DISPUR GUWAHATI-06. 2:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. V.I.P. ROAD CHACHAL GUWAHATI-36. 3:THE ASSTT. EXECUTIVE ENGINEER AFDC LTD. BVR VIP ROAD RONGPUR SILCHAR-09. 4:THE ASSTT. PROJECT MANAGER KANGTAR BEEL KARIMGANJ. 5:THE DPUTY COMMISSIONER
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KARIMGANJ
P.O. AND DIST. KARIMGANJ ASSAM.
-----------Advocate for : MR. A R SIKDAR Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
17.11.2022
Heard Mr. Mr. M.M. Zaman, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned counsel for the respondent Nos. 1 & 5 and Mr. P. Sarma, learned counsel for the respondent Nos. 2, 3 & 4.
The petitioner’s case is that a fishery, namely Kangtar Fishery, District – Karimganj (‘the Fishery’, for short) was settled in his favour for a period of 7 (seven) years by an order dated 28.10.2013. As the petitioner had suffered losses in operating the Fishery, he made a prayer for extension of lease period. By an order dated 12.10.2020, issued under the hand of the respondent no. 3, the lease period of the Fishery was extended up to 31.03.2023. The petitioner is aggrieved by the issuance of a tender notice dated 14.03.2022, whereby the respondent no. 2 has invited bids for settlement of a total 54 nos. of different fisheries, including the Kangtar Fishery, for settling them for a period for the next 7 (seven) years.
Mr. P. Sarma, learned counsel submits that vide Corrigendum dated 05.11.2022, issued by the Managing Director, AFDC, the re-tender notice No. 16/2022, inviting settlement of “the Fishery” vide letter dated 04.11.2022 has been dropped from the tender notice. He submits that no tender will be called for settling the said fishery for the period mentioned in the letter dated
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12.10.2020, issued by the Assistant Executive Engineer, AFDC ltd. i.e., till 31.03.2023.
As the prayer of the petitioner is to enable him run the fishery till 31.03.2023, the present writ petition can be closed, as there is nothing to decide in the writ petition any longer.
Writ petition is accordingly closed as infructuous.
The Corrigendum dated 05.11.2022, issued by the Managing Director, AFDC is made a part of the record and marked as ‘Annexure – X’.
JUDGE
Comparing Assistant
ABDUL JALIL S/O. NASIB ALI
STATE OF ASSAM
MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD.
ASSTT. EXECUTIVE ENGINEER AFDC LTD.
MICHAEL ZOTHANKHUMA
As recorded by the court registry
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