Thangbhanga Anususita Jati Matchyajibi Samabay Samiti Ltd v. The State of Assam and 2 Ors

ORDER

30.08.2024 Heard Mr. M. Alom, learned counsel for the petitioner and Mr. P. Sarma, learned counsel for the respondent No.1 and 3. Mr. S.R. Baruah, learned counsel appears for the respondent No.2.

¶2Mr. M. Alom, learned counsel for the petitioner 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 under Morigaon district.

¶3The petitioner's counsel submits that the settlement of the above group fishery has not been made in favour of the petitioner and as such, he is entitled to be given back his earnest money. He submits that though a representation dated 31.01.2024 has been submitted to the Deputy Commissioner, Morigaon for return of the earnest money, the same has not been decided till date.

¶3Mr. P. Sarma, learned counsel for the respondent Nos.1 & 3 and Mr. S.R. Baruah, learned counsel for the respondent No.2 submit that if the petitioner has not been settled with the fishery, pursuant to the NIT, the earnest money should have been returned to the petitioner.

¶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 Page No.# 3/3 the respondents to withhold the same from the concerned unsuccessful bidder.

¶5In view of the fact that the petitioner's representation dated 31.01.2024 (Annexure-C) has not been decided, the Deputy Commissioner, Morigaon is 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 GAHC010172442024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4354/2024o THANGBHANGAoANUSUSITAoJATIoMATCHYAJIBIoSAMABAYoSAMITIoLTDo (REGISTEREDoCO-OPERATIVEoSOCIETY)oHAVINGoITSoOFFICEoATo THANGBHANGA,oPO-oBORPAK,oPS-oMAYONG,oDISTRICT-oMORIGAONo (ASSAM)oREPRESENTEDoBYoITSoSECRETARYoNAMELYoSRIoSUKUMARoDAS, AGEo60oYEARS,oSONoOFoLATEoSHIBCHARANoDAS,oRESIDENToOFo THANGBHANGA,oPO-oBORPAK,oPS-oMAYONG,oDISTRICT-oMORIGAONo (ASSAM) VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oFISHERYoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoDISTRICToCOMMISSIONER oMORIGAON oPOoANDoPS-oMORIGAON oDISTRICT-oMORIGAON oASSAM oPIN-o782105 3:THEoDISTRICToFISHERYoDEVELOPMENToOFFICER oMORIGAON oPOoANDoPS-oMORIGAON oDISTRICT-oMORIGAON oASSAM oPIN-o78210o AdvocateoforotheoPetitionerooooo:oMR.oMoKoHUSSAIN,oMR.oMoALOM,MDoAoRAHMAN,MS.oFoHo AHMED,MRS.oSoYoAHMEDo AdvocateoforotheoRespondento:oSC,oFISHERY,oGA,oASSAMoo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA