GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:

1. Heard Mr. S. Sahu, the learned counsel appearing on behalf of the petitioner. Mr. K. Gogoi, the learned CGC appears on behalf of the respondent Railways and Mr. H.R. Ahmed, the learned counsel appears on behalf of the respondent No. 5.

2. The materials on record would show that on 24.12.2002, the petitioner herein was given the license of Railway ponds/ditches 2 (two) numbers at Golakganj in between TP/Km. 46/13-16 measuring in area of 151.28 M X 74.25 M and 82.35 M X 76.25 M i.e. as per plan totaling to 13.31 Bighas for a period of two years. On the basis of various litigations carried out, the petitioner for the last 23 (twenty three) years had been in occupation of the said ponds/ditches.

3. On 17.01.2025, in view of the dismissal of RSA No. 143/2014, the respondent Railways had issued an Auction Notice for the 2 (two) numbers of ponds/ditches for a period of 2 (two) years. The petitioner herein participated in the said auction process along with various other bidders including the respondent No. 5. Admittedly, the petitioner did not object to the Auction Notice, rather, participated in the same. The bids were opened at 15.00 hours on 24.01.2025 and neither the petitioner nor any other bidder claimed or produced any document that they belong to the Fisherman's Cooperative Society or had mentioned any registration number in their bids. The bid submitted by the respondent No. 5 was found to be the highest and the petitioner on coming to learn, rushed to this Court by filing the present writ petition.

4. This Court vide an order dated 04.04.2025 issued notice and in the meantime directions were issued to the respondent Railways not to finalize the Auction Notice dated 17.01.2025. The interim order has subsequently been continued from time to time.

5. The respondent Railways had filed an affidavit-in-opposition wherein they have categorically mentioned that the petitioner was allotted 2 (two) numbers of ponds/ditches for fishing purpose at Golakganj near the shed in the year 2002 and on account of the matter being sub-judice, no steps were taken for re-auctioning the same. However, as no order was produced permitting the petitioners to run the said ponds/ditches, the Auction Notice dated 17.01.2025 was issued. In the said affidavit-in-opposition, it was categorically mentioned that the petitioner never raised any objection during the auction process, rather, the petitioner participated in the said auction process. It was also stated that the petitioner never mentioned that it was a Fishermen's Cooperative Society nor provided any registration number.

6. The respondent No. 5 had filed an affidavit-in-opposition. In the said affidavit-in-opposition, it was stated that the writ petitioner, the respondent No. 5 and 3 (three) others bidders participated in the open auction process. The respondent No. 5 quoted a bid value of Rs. 1,92,251/-. On the other hand, the petitioner had quoted a bid value of Rs. 1,58,416/-. The difference of the bid value of the petitioner with that of the respondent No. 5 was Rs. 33,835/-. It was further mentioned that the question of giving preference to a Society as per the Rule referred to by the writ petitioner relates to a situation of pretender stage, that too, only first preference is given to the Railway Fishermen Society and then next preference is to be given to the other Fishermen Society.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2FyiwLRO%2BjQzVyb6QvAo3GHlNo5igbqCN32dWXmcU6Zk&caseno=WP(C)/1868/2025&cCode=1&cino=GAHC010068292025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.