Quashed¶55

14 15 No Nishari Haria Nadi Samabai Samity Limited v. the State of Assam and Ors.

Gauhati HC6 Aug 2025WP(C)/4488/2025

Case brief

AI extract

What is this about?

Gauhati High Court; WP(C)/4488/2025; Devashis Baruah; fishery settlement tender; NIT invalid; set aside NIT 04.06.2025 and NIT 22.07.2025; fresh tender liberty; Supreme Court directions compliance; M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. v. State of Assam; SLP (C) No. 18318/2024; order dated 21.05.2025; W.A. No. 88/2023; Office Order dated 10.07.2025 Fishery Department Assam; Government Circular dated 18.01.2018; Assam Fishery Rules 1953 Rule 3(a) and (b); Rule 48 lease value; Nagaon; highest bidder; tender inviting authority.

What did the court decide?

Both NITs dated 04.06.2025 and 22.07.2025 set aside; liberty granted to the Fishery Department and the respondents to initiate a fresh tender process in compliance with the Office Order dated 10.07.2025 and the directions of the Supreme Court. ¶55

14 15 No Nishari Haria Nadi Samabai Samity Limited Vs the State of Assam and Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the NITs dated 04.06.2025 and 22.07.2025 for settlement of the fishery complied with the directions of the Supreme Court (order dated 21.05.2025 in M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd.) and the Government Office Order dated 10.07.2025, and whether they could be sustained in law.

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Court's answer

Both the NITs dated 04.06.2025 and 22.07.2025 are contrary to the directions passed by the Government of Assam, Fishery Department, in the Office Order dated 10.07.2025 and to the directions of the Supreme Court, and therefore cannot be sustained in law and are set aside.

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Ratio / Principle

Liberty is given to the Fishery Department and the respondents to initiate a fresh tender process by following the mandate of the Office Order dated 10.07.2025 and, more particularly, the directions passed by the Supreme Court in M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd.

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Detailed headnote1 paragraphs

Writ Petition (C) No. 4488 of 2025, decided on 07.08.2025 by the Gauhati High Court (Hon'ble Mr. Justice Devashis Baruah, Single Bench). The petitioner, Nishari Haria Nadi Samabai Samity Limited, which had participated in the tender initiated vide NIT dated 04.06.2025 for settlement of a fishery and believed itself to be the highest bidder, challenged the fresh tender dated 22.07.2025 invited through respondent No. 3. The Fishery Department placed before the Court its Office Order dated 10.07.2025, issued in compliance with the Supreme Court's order dated 21.05.2025 in SLP (C) No. 18318/2024 (M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. v. State of Assam), which directed that every Notice Inviting Tender must incorporate a clause mandating adherence to Government Circular dated 18.01.2018 and enclose a copy of that circular, any omission rendering the NIT and the bids under it invalid. Holding both the NITs dated 04.06.2025 and 22.07.2025 to be contrary to the Supreme Court's directions and the Office Order dated 10.07.2025, the Court set aside both NITs and granted liberty to the Fishery Department and the respondents to initiate a fresh tender process in accordance with that mandate. Statute references: Assam Fishery Rules, 1953, Rules 3(a) and (b) and Rule 48.

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Page No.# 1/7

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GAHC010172602025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4488/2025

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14 15 NO NISHARI HARIA NADI SAMABAI SAMITY LIMITED REPRESENTED BY ITS SECRETARY SRI NABA KUMAR BISWAS, SON OF SRI PADMA KANTA BISWAS, PALASHBARI, TETALISRA, NAGAON, ASSAM 782140

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VERSUS

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THE STATE OF ASSAM AND ORS REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE JOINT SECRETARY THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-06 3:THE DISTRICT COMMISSIONER OFFICE OF THE DISTRICT COMMISSIONER NAGAON ASSAM PIN-782001

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4:THE ADDITIONAL DISTRICT COMMISSIONER (MEEN)

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NAGAON DISTRICT- NAGAON ASSAM PIN782001

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5:THE BLOCK DEVELOPMENT OFFICER NAGAON ASSAM

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Page No.# 2/7

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PIN- 782001

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6:THE CIRCLE OFFICER (REVENUE) NAGAON ASSAM PIN-78200

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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Advocates for the petitioner(s) :Mr. S Ahmed

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Advocates for the respondent(s) :Mr. P Sarmah

Standing Counsel,

Fishery Department

Mr. M Chetia

Govt. Advocate, Assam

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Date of hearing & judgment : 07.08.2025

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JUDGMENT & ORDER(ORAL)

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Heard Mr. S Ahmed, the learned counsel appearing on behalf of the petitioner. Mr. P. Sarmah, the learned Standing Counsel, Fishery Department, who appears on behalf of the respondent Nos. 1 & 2 and Mr. M. Chetia, the learned Government Advocate, Assam, who appears on behalf of the respondent Nos.3 to 6.

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Page No.# 3/7

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The petitioner herein is aggrieved by the action on the part of the respondent authorities in calling for a fresh tender on 22.07.2025 through the respondent No.3.

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It is the case of the petitioner that the petitioner participated in the tender process initiated vide the NIT dated 04.06.2025. The petitioner had reasons to believe that the petitioner was the highest bidder and was expecting that the fishery in question would be settled with the petitioner. However, the respondent No. 3 had issued a fresh tender dated 22.07.2025 in respect of the said fishery.

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When the matter was taken up at the stage of motion, Mr. P. Sarmah, the learned counsel appearing on behalf of the Fishery Department, placed before this Court an Office Order dated 10.07.2025 issued by the Secretary to the Government of Assam, Fishery Department, wherein it has been categorically mentioned that the directions passed by the Supreme Court in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. Vs. State of Assam & Others dated 21.05.2025 have to be adhered to, and any omission or lapse in complying with the said directions would render the NIT in question invalid. The contents of the said Office Order are reproduced herein below:

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Page No.# 4/7

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“ GOVERNMENT OF ASSAM

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FISHERY DEPARTMENT: DISPUR: GUWAHATI-6

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OFFICE ORDER

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No. eCF No. 557047/422 Dated Dispur the 10.07.2025

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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.

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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.

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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.

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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:

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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;

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ii. Ensure that a copy of the Government Circular dated 18.01.2018 is annexed with the

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Page No.# 5/7

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NIT.

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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.

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It is further reiterated that the provisions of Government Order ECF No. E 486583/27 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.

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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.

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Enclosures :

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Copy of the order dated 21.05.2025 of the Hon'ble Supreme Court in SLP (Civil) No. 18318/2024.

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Copy of letter dated 23.05.2025 from the Sr. Addl. AG, Assam, New Delhi.

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Copy of Govt. Circular No. FISH 19/65/2017-FISHERY/1 dated 18.01.2018.

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Secretary to the Government of Assam Fishery Department”

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It is seen from the above quoted contents that the Supreme Court made it clear in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. (supra) that all tender inviting authorities must incorporate a specific clause in the Notice Inviting Tender stating that the documents and procedures laid down in the Government Circular dated 18.01.2018 shall be mandatorily followed so long as the circular

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Page No.# 6/7

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remains in force, and a copy of the said circular is also required to be enclosed with the NIT.

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This Court has duly taken note of the NIT dated 04.06.2025 as well as the subsequent NIT dated 22.07.2025. However, it is seen that both the NITs are contrary to the directions passed by the Supreme Court in the order dated 21.05.2025 passed in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. (supra) and even the Order of the Government of Assam dated 10.07.2025.

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Considering the above, as both the NITs dated 04.06.2025 and 22.07.2025 are contrary to the directions passed by the Government of Assam, Fishery Department, in the Office Order dated 10.07.2025 which is quoted hereinabove, and the directions of the Supreme Court, both the NITs cannot be sustained in law and are accordingly set aside.

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Liberty is given to the Fishery Department as well as the respondents to initiate a fresh tender process by following the mandate of the Office Order dated 10.07.2025, and more particularly, the directions passed by the Supreme Court in the case of M/s Teteliguri Navajyoti Matsyajibi S.S. Ltd. (supra).

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Page No.# 7/7

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JUDGE

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Comparing Assistant

14 15 No Nishari Haria Nadi Samabai Samity Limited v. the State of Assam and Ors.

Case brief

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14 15 No Nishari Haria Nadi Samabai Samity Limited v. the State of Assam and Ors.

Case brief

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