GAUHATI HIGH COURT ISSUES ORDER ON SRI ANANDA RAM DAS V/S THE STATE OF ASSAM AND OTHERS

GUWAHATI, India, May 29 -- Gauhati High Court issued the following order on April 29:

1. Heard Ms. P Chakraborty, learned counsel for the petitioner. Also heard Mr. R Chetri, learned counsel for the respondent Nos. 1 & 5; Mr. M Chetia, learned counsel for the respondent Nos. 2 to 4 as well as Mr. S Kataki, learned counsel for the respondent No. 6.

[2] The petitioner is aggrieved with the settlement of the Kukurmara Group Fishery under the Kalgachia Group Fishery Revenue Circle with the respondent No. 6, in terms of the settlement order dated 08.01.2025, on the ground that the respondent No. 6 was a defaulter in respect of the Akara Beel, which had been settled with the respondent No. 6, vide settlement order dated 25.07.2023.

[3] The petitioner's case is that it submitted its bid in response to NIT dated 01.10.2024 for settlement of the Kukurmara Group Fishery under the Kalgachia Group Fishery Revenue Circle along with the respondent No. 6. The petitioner was the 2nd highest bidder, while the respondent No. 6 was the highest bidder. The authorities, thereafter settled the Kukurmara Group Fishery with the petitioner vide settlement order dated 08.01.2025. However, due to an interim order passed by this Court on 17.02.2025, the possession of the Kukurmara Group Fishery has not been handed over to the respondent No. 6.

[4] The petitioner's counsel submits that the petitioner is a defaulter and as such could not have been settled with the Kukurmara Group Fishery. In this respect, the petitioner's counsel has relied upon the letter dated 21.08.2024 issued by the Additional District Commissioner (Fishery), wherein it has been stated that the petitioner has paid Rs.45,000/- to the Government as revenue w.e.f. 2021-2022 till 2024-2025 financial year in connection with Ganakpara Akara Beel in Barpeta District Chenga Revenue Circle under Tarabari P.S. and an amount of Rs.20,55,000/- is due to be paid by him to the Government. The counsel for the petitioner thus submits that settlement order dated 08.01.2025 should be set aside and the petitioner should be settled with the Fishery.

[5] Mr. M Chetia, learned counsel for the respondent Nos. 2 to 4 submits that the petitioner did not submit his earnest money along with his tender pursuant to the NIT dated 01.10.2024 and as such, the petitioner's tender has been rejected. He also submits that in terms of para 6 of the affidavit filed by the respondent No. 3, the No. 58 Akara Beel Fishery in Barpeta district has been settled with Batgaon Nayapara Sri Ganga Matshyajibi AHG @ Rs. 3,00,000/- per annum for a period of 7 (seven) years to be counted from the date of handing over the possession of the fishery. The respondent No. 6, who is a member of the said Self Help Group has deposited security deposit of Rs.45,000/- and has got the possession of the said fishery on 15.07.2024 and accordingly he has time to pay the remaining amount of Rs.2,59,000/- till 15.06.2031. As such, the society cannot be considered to be a defaulter. Also the society has paid Rs. 2,59,000/- out of Rs. 1,00,000/- till date and has no pending dues.

[6] I have heard the learned counsels for the parties.

[7] The question whether the respondent No. 6 has got pending dues in respect of the No. 58 Akara Beel Fishery in Barpeta district has been categorically denied by the respondent No. 3 in para 6 of the affidavit-inopposition filed by the respondent No. 3, which is as follows:-

"That, the contents made in Para No. 6 of the writ petition, the answering deponent states that the Fishery Department, Govt. of Assam vide Ecf No FISH.231474/403 Dtd 25-07-2023 has settled the No. 58 Akara Beel Fishery in Barpeta district with Batgaon Nayapara Sri Ganga Matshyajibi AHG @ Rs.3,00,000- per annum for a period of 7 years to be counted from the date of handing over the possession of the fishery.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqO87lgxtaBYHFP2Lb7JhvgfE56HZyf8kFtvv5WcGp39l&caseno=WP(C)/6789/2024&cCode=1&cino=GAHC010270402024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.