Kusumpur Pokoria Meen Samabay Samiti Ltd., v. The State of Assam and 2 Ors

ORDER Date : 28.08.2024

Heard Mr. M. K. Hussain, learned counsel for the petitioner, who submits that the petitioner participated in the tender process pursuant to the NIT dated

28.01.2021, for settlement of Dhipujijan, Garanga, Garsag, Maliapunja Meen Mahal (group fishery).

¶2The petitioners' counsel submits that the settlement of the above group fishery has not been made in favour of the petitioner and as such, the petitioner is entitled to be given back its' earnest money. He submits that though a representation dated 15.02.2024 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 No. 1 and Mr. P. Sarmah, learned counsel for the respondent Nos. 2 & 3 submit that if the petitioner has not been settled with the fishery, pursuant to the NIT, the petitioner's earnest money should have been returned to him.

¶4On considering the submissions made by the learned counsels for the parties, it is clear that if the petitioner has not been selected to operate the fishery, pursuant to the NIT dated 28.01.2021, there cannot be any ground for the respondents to withhold the same to the concerned unsuccessful bidders.

¶5In view of the fact that the petitioner's representation dated 15.02.2024 (Annexure-C) has not been decided, the Deputy Commissioner, Morigaon is Page No.# 3/3 directed to take a decision on the petitioner's representation for return of his 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 petitioner, if he is entitled to receive the same.

¶6This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010168352024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4236/2024o KUSUMPURoPOKORIAoMEENoSAMABAYoSAMITIoLTD.,o (REGISTEREDoCO-OPERATIVEoSOCIETY)oHAVINGoITSoOFFICEoATo KUSUMPUR,oP.S.oMAYONG,o DIST.oMORIGAON,oASSAMoANDoREPRESENTEDoBYoITSoPRESIDENTo NAMELYoSRIoMADANoCHANDRAoDAS,o S/O-oLATEoMAHARAJoDAS,o R/O-oKUSUMPUR,oP.S.oMAYONG,o DIST.oMORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o FISHERYoDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoDISTRICToCOMMISSIONER oMORIGAON oP.O.oP.S.oANDoDIST.oMORIGAON oASSAMoPIN-o782105. 3:THEoDISTRICToFISHERYoDEVELOPMENToOFFICER oMORIGAON oP.O.oP.S.oANDoDIST.oMORIGAON oASSAM oPIN-o782105o AdvocateoforotheoPetitionerooooo:oMR.oMoKoHUSSAIN,oMRS.oSoYoAHMED,MR.oMoALOM,MDoAo RAHMANo AdvocateoforotheoRespondento:oGA,oASSAM,oSC,oFISHERYoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA