MONESWAR CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This order be read in continuation of our order dated 22.6.2001. This order would be a part and parcel of the aforesaid order. In para 2 of the said order dated 22.6.2001, it is mentioned, "for a period of six years, i.e. from 2000-01 to 2005-06" This should be read as "for a period of five years, i.e. 2000-01 to 2004-05". This mistake occurred due to typographical error in Annexure-1.

(2.) Pursuant to the order dated 22.6.2001, apart from the appellant and the respondent No. 4, the other two tenderers were also sent notices by the Fishery Development Corporation informing them that they were at liberty to take part in the bid today for the settlement of fishery in question. The other two tenderers, namely, Sri Amal Choudhury and Chandrakhola Beel Fishery Society Limited, according to the learned counsel for the Fishery Development Corporation, refused to accept the notice. The appellant/writ petitioner, Sri Moneswar Choudhury, son of late Jatra Choudhury, is personally present along with his counsel. The respondent No. 4 Sri Phanindra Nath Choudhury, son of Sri Mongaram Choudhury, is also present in person along with his counsel. The terms of the bid and of the settlement were explained to the respective parties through their counsel. The period of settlement of the Fishery in question would be five years starting from 15 days hence. The payment of the amount of settlement would be 15% for the 1 st quarter, 35% for the 2nd quarter, and 25% each for the 3rd and 4th quarters of the annual lease money. Also the successful bidder will have to deposit 15% as security deposit of the total lease money for five years. After explaining the aforesaid terms, the bids started and the bids went on in the following manner : <FRM> Appellant/writ petitioner Respondent No.4 1. Rs. 70,000/- Rs. 75,000/- 2. Rs. 80,000/- Rs. 82,000/- 3. Rs. 85,000/- Rs. 87,000/- 4. Rs. 90,000/- Rs. 91,000/- 5. Rs. 95,000/- Rs. 96,000/- 6. Rs, 100,000/- Rs. 101,000/- 7. Rs. 105,000/- withdrawan from the bid </FRM>

(3.) In view of the above, the appellant, writ petitioner having given the highest bid of Rs. 1,05,000/- icr the fishery in question as lease money per annum, the Fishery Development Corporation is directed to settle the fishery in question in favour of the appellant/writ petitioner at Rs. 1,05,000/- per annum on the terms and conditions as indicated above as also the usual terms which are imposed by the Fishery Development Corporation while settling any fishery. In case of default of any payment, or terms of settlement the Fishery Development Corporation will deal with the case in accordance with law. In view of the above, the judgment of the learned Single Judge stands modified in terms of this judgment and order. The Fishery Development Corporation is directed to carry out these directions within 10 days so that further action on that may be taken by the appellant/writ petitioner.