LAWS(GAU)-2014-3-107

NO. 165/166/167/168 PURANA SONAI/SOLA, GARANGA/SUKHRAJ MEEN SAMABAI SAMITTEE LIMITED Vs. STATE OF ASSAM & ORS.

Decided On March 20, 2014
No. 165/166/167/168 Purana Sonai/Sola, Garanga/Sukhraj Meen Samabai Samittee Limited Appellant
V/S
STATE OF ASSAM And ORS. Respondents

JUDGEMENT

(1.) The challenge in this writ petition is the Annexure-H order dated 04/03/2014 of the Government of Assam in the Fishery Department, issued under the signature of the Deputy Secretary. By the said order, the Fishery in question (165/166/167/168 Purana Sonai/Sola, Garanga/Sukhraj) Group Fisheries of Morigaon District has been settled with the respondent No. 4 at its bid value of Rs. 3,51,001.00. Earlier the fishery was settled with the petitioner vide order dated 02/04/2013, challenging which the present respondent No. 4 had approached this Court by filing WP(C) No. 2852/2013. In the writ petition, amongst others, following wee the grounds urged:-

(2.) Considering the materials on record and the arguments advanced by the learned counsel appearing for the parties, the writ petition was disposed of directing the authority to reconsider the matter and then to pass a speaking order. Pursuant to the said order, the impugned order dated 04/03/2014 having been passed, granting the settlement in favour of the respondent No. 4 reversing the earlier settlement made in favour of the petitioner, it has filed the instant writ petition challenging the said order.

(3.) I have heard Mr. A.C. Borbora, learned senior counsel assisted by Ms. M. Dutta, learned counsel for the petitioner and have also heard Mr. J. Handique, learned State Counsel, who has also produced the relevant records. I have also heard Mr. S.N. Sarma, learned senior counsel assisted by Mr. T. Islam, learned counsel representing the respondent No. 4. Additionally I have also perused the file in respect of the earlier round of litigation in the form of WP(C) No. 2852/2013.