TETELIGURI NAVAJYOTI MATASY-AJIBI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The settlement of a Fishery to the private respondent is the subject matter of challenge in both these writ petitions. While the petitioner in WP(C)/3215/2021 claims to be the highest bidder, whose bid has been illegally rejected, the petitioner in WP(C)/3372/2021 contends that though its bid is higher than that of the private respondent, the same has been rejected on irrelevant and extraneous considerations. Both the writ petitions being connected, those are heard together and are being disposed of by this common judgment and order.

(2.) A Notice Inviting Tender (NIT) was issued on 19/1/2021 for settlement of the Dhipujijan/Garanga Garsag/Malia Group Fisheries in the district of Morigaon. The said Fishery is a 60% fishery and the period of settlement was for 7 years. The scheduled rate was also notified to be Rs.11,51,205.00 per annum.

(3.) As indicated above, there are two writ petitions wherein challenge has been made to the settlement in favour of the private respondent. Twelve bidders had participated in the bidding process, including the petitioners and the private respondent. A comparative statement was made regarding the bids submitted by various bidders. Thereafter an order dtd. 8/3/2021 was passed by which the bid offered by the respondent no. 4 in WP(C)/3215/2021 was held to be the highest valid bid and accordingly, the settlement has been made in favour of the said respondent. It is the contention of the petitioners that their bids have been rejected on extraneous consideration and irrelevant grounds and if their bids were considered in a proper perspective, the settlement could not have been offered to the private respondent.