BASU DEV BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Ali, learned counsel for the petitioner, Ms. U. Das, learned Addl. Senior Govt. Advocate for respondent Nos. 1, 3, 4 and 6, Mr. P. Sarma, learned Standing Counsel, AFDC for respondent No. 2 and Mr. B.D. Das, learned Senior Counsel assisted by Mr. A.D. Choudhury, learned counsel for the respondent No. 7.

(2.) The issue involved in the instant writ petition is regarding settlement of No. 58 Lao Pani Meen Mahal in the district of Nagaon. Tender Notice No. 01/2020 was floated by the Managing Director, Assam Fisheries Development Corporation, Nigam Ltd., Guwahati (respondent No. 2) on 18/2/2020 for settlement of Meen Mahal for a period of seven (7) years staring from the financial year of 2020-2021 through an agreement. According to the petitioner, there were five (5) tenderers who participated in the bidding process and after qualifying in the technical bid, his bid was found to be the highest in the financial bid. Despite the same, the respondent authorities contemplated awarding the tender to the respondent No. 7, and therefore the petitioner filed the instant writ petition praying for setting aside and quashing the settlement of the Meen Mahal given in favour of the respondent No. 7 and for a direction to the respondents to settle the same in his favour for being the highest bidder. The writ petition was considered and disposed of vide order dtd. 19/4/2022 by setting aside the settlement issued in favour of the respondent No. 7 vide Memo No. AFDC/486/2020/121 dtd. 22/5/2020 while remanding the matter back to the respondent No. 2 to take a fresh decision in respect of the settlement of the Meen Mahal in terms of the NIT dtd. 18/2/2020 within a time frame of 30 days from the date of receipt of a certified copy of the order.

(3.) The said decision was arrived at by this Court by taking into consideration the decision of a Division Bench of this Court in Writ Appeal Nos. 8 and 27/2021 vide order dtd. 5/2/2021. Following the disposal of the writ petition, vide order dtd. 19/4/2022, the petitioner came to be settled with the Meen Mahal vide order dtd. 21/6/2022. The respondent No. 7 being aggrieved filed Writ Appeal No. 248/2022 against the order dtd. 19/4/2022 passed by this Court in the writ petition. The Writ Appeal was disposed of vide order dtd. 1/6/203 by the Division Bench after coming into the conclusion that no discussion was made by the learned Single Bench for drawing a parity with the facts discussed by the Court in WP(C) No. 2762/2020 and WP(C) No. 3420/2020 which was affirmed by the Division Bench by a common judgment and order dtd. 5/2/2021 passed in Writ Appeal Nos. 8 and 7/2021 set aside the order dtd. 19/4/2022 and restored the writ petition for fresh consideration. That is how the writ petition has come up for consideration before this Court.