DARRANG MATSHYAJIBI SOCIETY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. K. Mahanta, the learned Senior counsel appearing on behalf of the Writ Petitioner in WP(C) No.1891/2021; Mr. M. Dutta, the learned counsel appearing on behalf of the Writ Petitioner in WP(C) No.4205/2021 and Mr. J. Payeng, the learned counsel appearing on behalf of the Writ Petitioner in WP(C) No.2749/2021. I have also heard Mr. P. Sarmah, the learned Standing Counsel appearing on behalf of the Fishery Department of the Government of Assam; Mr. B. J. Talukdar, the learned Standing counsel appearing on behalf of the District Commissioner, Darrang; Mr. S. K. Talukdar, the learned Standing counsel appearing on behalf of the Assistant Registrar of Cooperative Societies, Darrang; Mr. M. Nath, the learned Senior counsel assisted by Mr. D. P. Borah, the learned counsel appearing on behalf of the Private Respondent.

(2.) All the three writ petitions are taken up jointly for disposal taking into account the similarity of the facts and the issues involved.

(3.) It reveals from the records that on 7/10/2020, the Deputy Commissioner, Darrang had issued a Notice Inviting Tender for Settlement of No.1, Darrang Brahmaputra Fishery (for short 'the fishery in question'). In terms with the said Notice Inviting Tender, the last date of submission was 22/10/2020 and the tenders were to be opened on 28/10/2020 from 4 PM onwards. The terms and conditions stipulated that various certificates were required to be submitted and the manner in which the bid was required to be submitted. The Clauses (Ka) to (Dha) of the Notice Inviting Tender having relevance are reproduced herein under: