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2025 DAILYLAW 15573 (GAU)

NO. 11 PART-V KOLONG NADI ANCHALIK MEEN SAMABAI SAMITI LIMITED v. THE STATE OF ASSAM AND 2 ORS

WP(C)/3897/2025 · 2025-07-15

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010148182025 2025:GAU-AS:9137 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3897/2025 NO. 11 PART-V KOLONG NADI ANCHALIK MEEN SAMABAI SAMITI LIMITED REPRESENTED BY ITS SECRETARY SRI JENTU BARMAN, S/O LT. JAGADISH BARMAN, R/O VILL- NIZ-GOBARDHAN, P.O.- CHANDRAPUR, GUWAHATI, DIST- KAMRUP (M) VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE DISTRICT COMMISSIONER MORIGAON P.O. AND P.S.- MORIGAON DIST- MORIGAON ASSAM PIN-782105 3:THE DISTRICT FISHERY DEVELOPMENT OFFICER MORIGAON P.O. AND P.S.- MORIGAON DIST- MORIGAON ASSAM PIN-78210 Advocate for the Petitioner : MS. P MAHANTA, MS. P P DAS,MS P SARMA Advocate for the Respondent : SC, FISHERY, GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 16.07.2025 Heard Ms. P. Sarma, learned counsel for the petitioner, who submits that the petitioner had participated in the Notice Inviting Tender dated 28.01.2021 for settlement of No.25 Dhipujijan, No.28 Garanga, No.103 Garsag, No.104 Malia Group Fishery. However, the petitioner was unsuccessful in the tender process and as such, the petitioner’s bid was not selected by the respondent authorities. Though the fishery has been settled with the successful bidder, the earnest money of the petitioner has not been returned to the petitioner till date. She further submits that though the petitioner has submitted a representation dated 05.06.2025 to the District Commissioner, Morigaon for return of the earnest money, the same has not been returned to the petitioner till date. 2. The petitioner’s counsel submits that in a similar matter, this Court vide order dated 28.08.2024 passed in WP(C) No.4236/2024 had directed the concerned District Commissioner to take a decision on the petitioner’s representation for return of the earnest money, within a period of 10(ten) days. She submits that a similar order may be passed in the present case. 3. Mr. G. Bokalial, learned counsel appearing for all the respondents submits that he has got no objection to the prayer made by the petitioner’s counsel. 4. In view of the submission that the earnest money has not been returned to the petitioner, despite the fishery having been settled with some other tenderer, this Court is of the view that the order dated 28.08.2024 passed in Page No.# 3/3 WP(C) No.4236/2024 is applicable to the present case also. Accordingly, the Deputy Commissioner, Morigaon is directed to take a decision on the petitioner’s representation dated 05.06.2025 for return of the earnest money, within a period of 10(ten) days from the date of receipt of a copy of this order. 5. The writ petition is accordingly disposed of. JUDGE Comparing Assistant