Mayong Sati Sadhini Fishery Samabay Samity Limited and Anr v. The State of Assam and 3 Ors

ORDER Date : 31.07.2024

Heard Mr. R. Phukan, learned counsel for the petitioners, who submits that the petitioners participated in the tender process pursuant to the NIT dated

19.01.2021, for settlement of Dhipujijan, Garanga, Garsag, Maliapunja Min Mahal (group fishery).

¶2The petitioners' counsel submits that the settlement of the above group fishery has not been made in favour of the petitioners and as such, they are entitled to be given back their earnest money. He submits that though a representation dated 26.09.2023 has been submitted to the Deputy Commissioner, Morigaon for return of the earnest money, the same has not been decided till date.

¶3Ms. U. Das, learned counsel for the respondent Nos. 3 & 4 and Mr. P. Sarma, learned counsel for the respondent Nos. 1 & 2 submit that if the petitioners have not been settled with the fishery, pursuant to the NIT, their earnest money should have been returned to them.

¶4On considering the submissions made by the learned counsels for the parties, it is clear that if the petitioners have not been selected to operate the fishery, pursuant to the NIT dated 19.01.2021, there cannot be any ground for Page No.# 3/3 the respondents to withhold the same to the concerned unsuccessful bidders.

¶5In view of the fact that the petitioners' representation dated 26.09.2023 (Annexure-3) has not been decided, the Deputy Commissioner, Morigaon is directed to take a decision on the petitioner's representation for return of their earnest money, within a period of ten days from the date of receipt of a certified copy of this order and return the earnest money to the petitioners, if they are entitled to receive the same.

¶6This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010130372024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3810/2024o MAYONGoSATIoSADHINIoFISHERYoSAMABAYoSAMITYoLIMITEDoANDoANRo AoCOOPERATIVEoSOCIETYoREGD.oUNDERoSOCIETIESoREGISTRATIONoACT,o 1949oREP.oBYoITSoPRESIDENT,o GIRINDRAoBISWAS,o S/O-oAKALoBISWAS,o R/O-oVILLAGEoNIZoGOBARDHAN,o P.S-oCHANDRAPUR,oDIST-oKAMRUPo(M),oASSAM 2:oDHIPIJIJANoGARANGAoGARCHUKoANDoMALIAoMEENoPALANo COOPERATIVEoSOCIETYoLTD. oAoCOOPERATIVEoSOCIETYoREGD.oUNDERoSOCIETIESoREGISTRATIONoACT o1949oREP.oBYoITSoPRESIDENT oANANTAoLALoDAS oS/O-oHARALALoDAS oR/O-oVILLAGEoTHENGBHANGA oP.O-oBORPAK oDIST-oMORIGAONoASSAo VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oFISHERYoDEPARTMENTo oDISPUR,oGUWAHATI-06. 2:THEoJOINToSECRETARY oTOoTHEoGOVERNMENToOFoASSAM oFISHERYoDEPARTMENTo oDISPURoGUWAHATI-06. 3:THEoDEPUTYoCOMMISSIONER oP.OoP.SoANDoDIST-oMORIGAON oASSAM Page No.# 2/3 4:THE ADDL. DEPUTY COMMISSIONER (FISHERY) P.O P.S AND DIST- MORIGAON ASSA Advocate for the Petitioner : MR. R PHUKAN, Advocate for the Respondent : SC, FISHERY, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA