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Judgment
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Heard Mr. S. Banik, learned counsel for the petitioner in W.P.(C) no. 1046/2020 and Mr. G. Khandelia, learned counsel for the petitioner in W.P.(C)
no. 870/2020. Also heard Mr. B. Deuri, learned Junior Government Advocate for the State respondents and Mr. D.J. Medhi, learned counsel for the
private respondents in both the writ petitions.
Sale Notice dated 04.10.2019 was published by the Additional Deputy Commissioner, In-Charge, Sadiya Sub-Division for settlement of Brahmaputra
Part-1 and Dibang River Fishery under Sadiya Sub-Division, District â€" Tinsukia for a period of 7 (seven) years (2019-2020 to 2025-2026) by tender
system in terms of the Rule 12 of the Assam Fishery Rules, 1953, as amended. Annual revenues for the said fisheries were fixed by the Government.
The last date of submission of bids was 23.10.2019. In response to the said Sale Notice, 5 (five) nos. of bidders submitted their bids including the 2
(two) petitioners in the 2 (two) writ petitions and the private respondent. The bids of the 2 (two) writ petitioners were found defective. In so far as, the
bid of the private respondent was concerned who offered the second highest bid, the settling authority had observed as under :-
“2. M/S Dibru dangori River Part I MSS Ltd has offered the 2nd highest bid of Rs. 25,97,000.00 for 7 years.
The society has submitted all the documents in terms of NIT which are found to be in order except Bakijai Certificate which is in the name of the
Secretary of the Society. Subsequently, the society has submitted a petition dated 07.12.2019 along with a copy of certificate issued by ADC, Tinsukia
vide No. TNB 2//2017 dated 06.12.2019 to the effect that the Certificate issued to the society vide No. 211022019-001-2477680 dated 21.10.2019 was
in the name of the Secretary of the Society instead of in the name of the Society due to technical mistake. The Certificate dated 06.12.2019 now
clarifies that the Certificate dated 21.10.2019 may be treated as in the name of the society.
The clarification furnished by ADC, Tinsukia, regarding to treat the Bakijai Certificate dated 21.10.2019 as authentic has been accepted by
Government.â€
With acceptance of the bakijai certificate produced by the private respondent in the afore-stated manner, the fisheries have been settled by the settling
authority in favour of the private respondent by an order of settlement dated 26.12.2019 for a period of 7 years.
It is the contention of Mr. Banik and endorsed by Mr. Khandelia that when the bids of the writ petitioners were found defective due to non-submission
of document, the bid of the private respondent ought to have been declared defective in the same manner. As at the time of the submission of the bid
the private respondent also did not submit the bakijai clearance certificate in the proper form and the same cannot be rectified after expiry of the time
and date of submission of bids and after obtaining of the bids.
In order to appreciate the above submission made by the learned counsel for the petitioners, a perusal of the relevant records of settlement appears
necessary. Mr. Deuri shall produce the relevant records of settlement on the next date of listing.
List the case on 25.08.2021.
The private respondent may in the meantime file its response in the matter.