PATIT BARMAN Vs. ASSAM FISHERIES DEVELOPMENT

JUDGEMENT

(1.) Heard Mr. S. K. Saharia, the learned counsel for the petitioner, Mr. I. Choudhury, the learned senior counsel assisted by Mr. S. B. Sarma, the learned Standing Counsel for the Assam Fisheries Development Corporation Limited, the respondent No.1 and Ms. M. D. Borah, the learned Government Advocate for the respondent Nos.2 and 3.

(2.) The respondent No.1 vide tender notice No.3/2014 invited tenders for operating amongst others Tamranga Fisheries in the district of Bongaigaon fixing the minimum expected yearly revenue of Rs.24,72,000.00 for a period of 7 years staring from the financial year 2014-15. Before fixing the annual yearly revenue the respondent No.1 considered the operative beel area of Tamranga Beel as 400 hectares out of its total area of 620 hectares.

(3.) The present petitioner participated in the said tender by quoting an annual revenue of Rs.77,77,777.00. Being the highest bidder, the petitioner was settled with the said Tamranga Fishery and subsequent thereto an agreement for settlement of the said fishery was executed for the financial year 2014-15 between the petitioner as the second party and the respondent No.1 as the first party. The relevant stipulations in the said agreement dated 13.08.2017 are reproduced herein below: