SUBRATA SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Bhagabati, learned counsel for the petitioner in the writ petition, W.P.[C] no. 6172/2021 and for the respondent no. 5 in the writ petition, W.P.[C] no. 2781/2020; and Mr. D.P. Borah, learned counsel for the petitioner in the writ petition, W.P.[C] no. 2781/2020 and for the respondent no. 4 in writ petition, W.P.[C] no. 6172/2021. Also heard Mr. B. Deuri, learned Junior Government Advocate, Assam for the respondent nos. 1, 2 and 3 in both the writ petitions.

(2.) In both the writ petitions, instituted under Article 226 of the Constitution of India, the subject-matter of challenge is a settlement process initiated for settlement of 16 nos. Dandalagi Meen Mahal ['the Fishery', for short] situated within the territorial jurisdiction of Mangaldoi Revenue Circle, District - Darrang culminating in an order dtd. 17/6/2020 of the Additional Deputy Commissioner [Revenue], Darrang whereby the Minutes of a Meeting of Tender Committee, held on 17/3/2020 containing a decision to go for a fresh settlement process for settlement of the Fishery was circulated.

(3.) By a Tender Notice dtd. 29/2/2020, tenders were invited for settlement of the Fishery with last date of submission of tenders up to 03-00 p.m., 16/3/2020. In response to the Tender Notice, three bidders including the two writ petitioners herein, submitted their tenders. On receipt of the tenders of the three participant bidders, the Tender Committee constituted for the purpose by the settling authority, that is, the Deputy Commissioner, Darrang opened the three tenders and examined the same as to whether the tenders were in conformity with the requirements of the Tender Notice. After evaluation of the three tenders, the Tender Committee prepared a Comparative Statement indicating as to whether the tenderers submitted the requisite documents asked for submission by the Tender Notice dtd. 29/2/2020.