OUGURI, KHATAHGURI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Whether comparative nearness to the fishery in question is a relevant consideration for settlement of fishery under proviso to Rule 12 of the Assam Fishery Rules when more than one tenderer belong to neighbourhood of the fishery, is the question to be answered in this writ appeal.

(2.) The essential material facts sans unnecessary particulars are required to be stated first. The Deputy Commissioner, Morigaon district issued a tender notice on 22.07.2009 inviting applications for settlement of No 5, Sonai Nadi Part -III Meen Mahal for a period of 7 years. In this tender notice it was mentioned that the fishery in question belongs to 60% category and that revenue for the previous year was Rs.2,81,681/ - for the said fishery. The terms and conditions for the settlement were laid down in the tender notice itself. One of the conditions was that, the fishery would be settled with the Co -operative Societies/ Self Help Groups/ Non Government Organi -sations constituted by 100% actual fishermen belonging to scheduled caste or Maimal community of Barak Valley residing in the neighbourhood of the fishery. The notice made it clear that the settlement would be made by following tender process for which tenders would be collected in the office of the Deputy Commissioner on 24.08.2009 from 10 a.m. to 2 p.m. and that the same would be opened on that day itself after closing hour. The papers required to accompany the tender were also mentioned in the tender notice itself.

(3.) Pursuant to the aforesaid tender notice dated 22.07.2009 the writ petitioner, the private respondent No.5 and three others submitted their tenders. After the tenders were opened, it was found that the value quoted by each of them were as follows: <IMG>Judgement_981_GAULT4_2014.jpg</IMG> <IMG>Judgement_981_GAULT4_20141.jpg</IMG>