SRI SUBHAS DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Mahanta, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned Standing Counsel, AFDC for the respondent nos.2, 3 and 4. Mr. S.R. Barua, learned counsel appears for the respondent nos.1 and 6, while Mr. A.K. Sahewalla, learned counsel appears for the respondent no.7. No one appears for the respondent no.5 despite the counsel having appeared earlier and the respondent no.5 having filed affidavit-in-opposition.

(2.) The challenge in the writ petition is to the settlement of the Gelachinga Fishery with the respondent no.5 for a period of 7 (seven) years, w.e.f. 1/4/2018 till 31/3/2025, at the respondent no.5's bid amount of Rs.1,13,05,000.00.

(3.) The respondent no.5 has submitted his affidavit dtd. 22/8/2019. However, the AFDC, i.e. the respondent nos.2 to 4 have not submitted any affidavit till today, even though the writ petition was filed on 10/10/2018. This Court has granted the AFDC, i.e. the respondent nos.2 to 4, four opportunities to produce the official records for disposal of the case. Today, Mr. P. Sarma, learned Standing Counsel, AFDC submits that the official records are untraceable and accordingly, vide letter dtd. 22/4/2024, the Project Manager, AFDC has submitted an FIR with the police for registration of a case, in respect of the untraceable official records pertaining to the present case.