GUWAHATI, India, Nov. 24 -- Gauhati High Court issued the following order on Oct. 24:

1. Heard Mr. B. Sinha, the learned counsel appearing on behalf of the Petitioners and Ms. S. Chutia, the learned Standing Counsel appearing on behalf of the Respondent Nos. 1, 3 and 5. I have also heard Mr. M. Chetia, the learned Government Advocate appearing on behalf of the Respondents Nos. 2 and 4.

2. The Petitioners herein are aggrieved by the communication dated 16.08.2025 issued by Joint Secretary to the Government of Assam, Fishery Department whereby the District Commissioner, Barpeta District have been informed to cancel the tender process for settlement of No.64 Barghopa Beel Fishery and go for a fresh tender by taking into account Rule 48 of the Assam Fishery Rules, 1953 and the amendment notification dated 31.03.2025 and further directing that the District Commissioner should comply with the directions passed by the Supreme Court in the order dated 21.05.2025 while floating the fresh tender.

3. The case of the Petitioners herein as would appear from the materials on record is that a Notice Inviting Tender was issued on 04.03.2025 to the interested bidders for lease of the fishery namely No. 64 Barghopa Beel Fishery under Sarthebari Revenue Circle for a period of 7 (seven) years. Pursuant thereto, the Petitioners participated in the said tender process.

4. In pursuance to the said tender process, it was found that the bid submitted by the Petitioners was the highest bid and accordingly, the Additional District Commissioner, (Fishery) vide a communication dated 20.05.2025 intimated the Additional Secretary to the Government of Assam, Fishery Department about the fact that the Petitioners' bid is the highest.

5. Pursuant thereto, on 16.08.2025, the impugned communication was issued by the Joint Secretary to the Government of Assam, Fishery Department to the District Commissioner, Barpeta District thereby directing cancellation of the earlier tender process and going ahead for a fresh tender. It is under such circumstances, the Petitioners have approached this Court by filing the present writ petition.

6. This Court has duly heard Mr. B. Sinha, the learned counsel appearing on behalf of the Petitioners who submitted that as the entire process was completed prior to the order passed by the Supreme Court on 21.05.2025, the question of issuance of a fresh tender does not arise and as such, the cancellation of the tender process was complete non-application of mind.

7. This Court have duly perused the materials on record and have further taken note of the order passed by the Supreme Court in the case of Teteliguri Navajyoti Matsyajibi Samabay Samity Limited Cooperative Society Vs. State of Assam and Others wherein the Supreme Court categorically observed that the tendering authority will have to insert a clause in the future Notice Inviting Tender indicating that the Government Circular dated 18.01.2018 will have to be followed so long as the same is in force.

8. This Court further takes note of that similar matters have been taken up by this Court on earlier occasions i.e. in the case of Shri Girikanta Das Vs. State of Assam and 3 others {WP(C) No.4355/2025} dated 04.08.2025 wherein pursuant to the order passed by the Supreme Court dated 21.05.2025, an Office Order dated 10.07.2025 has been issued by the Secretary to the Government of Assam, Fishery Department. The said Office Order dated 10.07.2025 had been reproduced in the said judgment passed by this Court dated 04.08.2025 in the case of Girikanta Das (supra). For the purpose of the instant case, this Court further finds it appropriate to reproduce the said office order dated 10.07.2025.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4oL%2BmhtiHUVO5gUVc08cxSWkrHVqBwLE4Ay8HUMbEBD&caseno=WP(C)/5987/2025&cCode=1&cino=GAHC010226482025&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.