BIJON KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The subject-matter of challenge in the instant proceeding is the notice dated 4-9-2002 issued by the Divisional Forest Officer, Hailakandi Division, Hailakandi withdrawing the resale notice dated 1-8-02 whereby tenders were invited for settlement of Dhaleswari River Fishery Mahal up to 19-11-03.

(2.) I have heard Mr. P. J. Saikia, learned counsel for the petitioner, Mr. I. H. Laskar and Mr. P. K. Deka, learned counsel for the Respondent No. 5 and also Mr. K. C. Mahanta, learned State Counsel, for the Respondent Nos 1 to 4.

(3.) The factual background of the case in short is that on 26-7-01 a sale notice was published for settlement of the Dhaleswari River Fishery Mahal for the period 2001 to 2003. Pursuant to the said tender notice dated 26-7-2001 the petitioner as well as the Respondent No. 5 offered their bids along with others. The bid of the Respondent No. 5 at Rs. 2,50,501.00 was accepted as the highest bid and by a communication dated 18-2-02 he was informed that the aforesaid Mahal had been settled with him for the period from 20-11-2001 to 19-11-2003. By the said communication the respondent No. 5 was asked to deposit the security money of Rs. 12,625.00, the 1st Kist money of Rs. 31,331.00, Assam General Sales Tax of Rs. 2,506.00 the Income-tax Rs. 5,405.00 within seven days, from the date of issue thereof. As the respondent No. 5 failed to deposit the same, he was informed by a communication dated 2-3-2002 that on his failure to comply with the instructions contained in the communication dated 18-2-2002, the fishery Mahal would be put to sale at his risk on 30-4-02 and his earnest money would be forfeited and any loss of Government revenue for such sale would be recovered from him as an arrear of land revenue. Thereafter the resale notice dated 1-8-02 was published and the petitioner along with others submitted their tenders and on scrutiny thereof, the authority found that the petitioner was the highest bidder and his bid of Rs. 2,01,101.00 was accepted. Thereafter by a communication dated 27-8-02 the respondent No. 4 asked the petitioner to produce some documents mentioned therein. While the matter was pending before the said authority for consideration, suddenly the said authority by the impugned notice dated 4-9-02 withdrew the resale notice. Aggrieved, the petitioner submitted a representation/appeal dated 5-9-02 before the Chief Conservator of Forests, Guwahati, Assam but to no avail.