JAIDEV DAS Vs. BHAGABAN DAS

JUDGEMENT

(1.) Heard N. Dutta, learned senior counsel for the appellant in Writ Appeal No.274/2018 and Writ Appeal No.275/2018. Also heard Mr. A.M. Mazumdar, learned senior counsel, appearing for the respondent No.1 in Writ Appeal No.274/2018 and for respondent No.7 in Writ Appeal No.275/2018, Mr. R. Dhar, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.2, 3, 4 & 5 in Writ Appeal No.274/2018 and for the respondent Nos.2 & 3 in Writ Appeal No.275/2018, Dr. B. Ahmed, learned standing counsel, Co-operation Department, appearing for the respondent Nos.4 & 5 in Writ Appeal No.275/2018 and Mr. S. Borthakur, learned counsel, appearing for the respondent No.6 in Writ Appeal No.275/2018. Respondent No.1 in Writ Appeal No.274/2018 and respondent No.7 in Writ Appeal No.275/2018 is the same entity.

(2.) Writ Appeal No.274/2018 is preferred against the common judgment & order dated 30.08.2018 passed by the learned Singe Judge in WP(C) No.6502/2016 and Writ Appeal No.275/2018 is preferred in connection with WP(C) No.7121/2017.

(3.) The writ appellant was settled with No.46 Howlighat Boralia Min Mahal in the district of Nalbari by an order dated 19.10.2016 passed by the Secretary to the Government of Assam, Fishery Department, in exercise of the powers conferred under proviso to Rule 12 of the Assam Fishery Rules, 1953 (for short, "1953 Rules"), pursuant to a Notice Inviting Tender (NIT) dated 14.09.2016 issued by the Deputy Commissioner, Nalbari inviting tenders for a period of 7(seven) years. The order of settlement made in favour of the appellant was the subject matter of challenge in WP(C) No.6502/2016.