GAUHATI HIGH COURT ISSUES ORDER ON BIJU BISWAS V/S THE ASSAM FISHERIES DEVELOPMENT AND ORS

GUWAHATI, India, Aug. 8 -- Gauhati High Court issued the following order on July 10:

1. Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. D. J. Medhi, learned counsel for the petitioner.

2. The writ petitioner is directed against the re-tender notice no.5 of 2025 dated 26.06.2025. By the said re-tender notice the Assam Fisheries Development Corporation Limited has invited bids for as many as 22 fisheries.

3. The learned senior counsel for the petitioner submits that earlier by NIT 2/2025 dated 17.03.2025, the Assam Fisheries Development Corporation Limited has earlier issued a tender notice for as many as 22 fisheries. The petitioner has submitted his bid for the fishery "Dakara" in the District of Dhubri without cancelling the earlier tender, the re-tender notice dated 26.06.2025, has been issued where the fishery in which the petitioner had earlier submitted his bids, is also shown at sl. no.19 of the said re-tender notice.

4. The learned senior counsel for the petitioner referring to the Rule 43 of the Assam Fisheries Act, 1953, submits that ordinarily tender notice is to be called prior to expiry of a fishery atleast a month in advance by written notice. It is submitted that even if prescription was not adhered to, the Assam Fisheries Development Corporation, has a set of guidelines where, as per clause 1.3, at least 15 days is to be allowed for submission of bids after the NIT is published/notified.

5. It is further submitted by the learned senior counsel that bare perusal of the NIT dated 26.05.2025, shows that the bids are to be submitted within 08.07.2025. Since the NIT was floated on 26.06.2025 and the last date of submission was shown to be as 08.07.2025, the same is less than 15 days as is prescribed under the guidelines. It is submitted that the impugned re-tender notice issued by the department is in violation of their own guidelines as well as the Fishery Rules 1953, the said NIT has been challenged in the present Writ Petition.

6. Mr. G. Deka, learned counsel, appearing on behalf of Mr. P. Sharma, learned standing counsel, Fisheries Development Corporation, submits that the standing counsel is out of station and prays that the matter be listed on 15.07.2025.

7. Considering the submissions made, let the matter be listed again on 15.07.2025. Meanwhile till the next date fixed, the department will not proceed for settlement of the tender in terms of re-tender notice no.5/2025 dated 26.06.2025. Sufficient copies of the writ petition be furnished to the learned counsel for the respondents during the course of the day.

Disclaimer: Curated by HT Syndication.