Ouguri Katahguri Bhurbandha Matsyajibi Samabay Samity v. The State of Assam and Anr

ORDER

20.12.2024

Heard Mr. MK Choudhury, the learned senior counsel assisted by Mr. P Bhardwaj, the learned counsel appearing on behalf of the petitioner. Mr. P Sarma, the learned counsel appears on behalf of the respondent No.1 and Ms. U Das, the learned Additional Senior Government Advocate appears on behalf of the respondent No.2.

¶2The petitioner which is a Society, registered under the Assam Co-operative Societies Act, 1948, had assailed the Notice Inviting Tender (for short, NIT) dated 30.11.2024/04.12.2024 on the ground that the said NIT is in violation of the proviso to Rule 3 of the Assam Fishery Rules, 1953 (for short, the Rules of 1953). It is noticed that the proviso to Rule 3 of the Rules of 1953 categorically stipulates that the notice of sale of a registered Fishery shall be atleast a month in advance. It is noticed that the impugned notice dated

30.11.2024/04.12.2024 had fixed 09.12.2024 for auction of the Fishery in question. The same is on the face of it contrary to the proviso to Rule 3 of the Rules of 1953.

¶3Taking into account the above, this Court, therefore, sets aside the said notice dated 30.11.2024/04.12.2024 bearing No.M R F.4/2005/PT/41 issued by the respondent No.2.

¶4The respondent No.2 shall put to sale/auction the said registered Fishery by duly following the provisions of law. Page No.# 3/3

¶5Writ petition stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010275722024 2024:GAU-AS:13070 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6958/2024 OUGURI KATAHGURI BHURBANDHA MATSYAJIBI SAMABAY SAMITY REP. BY ITS SECRETARY DHIREN DAS,S/O. LATE D. DAS, R/O. OUGURI, MORIGAON, PIN-782105, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, FISHERY DEPARTMENT, DISPUR-781006, ASSAM. 2:THE DEPUTY COMMISSIONER MORIGAON PIN-782105 ASSAM Advocate for the petitioner(s): Mr. MK Choudhury, Senior Advocate Mr. P Bhardwaj Advocate for the respondent(s): Mr. P Sarma Ms. U Das Additional Senior Govt. Advocate, Assam Page No.# 2/3 B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH