Page No.# 1/7 GAHC010150172025 2025:GAU-AS:9213 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3863/2025 BIJU BISWAS S/O BISHADI BISWAS R/O VILL GAURIPUR PO BURABURI PS GAURIPUR DIST DHUBRI ASSAM PIN 783331 VERSUS THE ASSAM FISHERIES DEVELOPMENT CORPORATION LTD AND ORS REP BY ITS MANAGING DIRECTOR BIMALA PRASAD CHALIHA ROAD CHACHAL VIP ROAD GUWAHATI 781036 KAMRUP METRO ASSAM 2:THE CHAIRMAN ASSAM FISHERIES DEVELOPMENT CORPORATION LTD BIMALA PRASAD CHALIHA ROAD CHACHAL VIP ROAD GUWAHATI 781036 KAMRUP METRO ASSAM 3:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD BIMALA PRASAD CHALIHA ROAD CHACHAL VIP ROAD GUWAHATI 781036 KAMRUP METRO ASSAM 4:THE TENDER COMMITTEE REP BY THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD BIMALA PRASAD CHALIHA ROAD CHACHAL VIP ROAD GUWAHATI 781036 KAMRUP METRO ASSAM BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner(s) : Mr M K Choudhury, Sr. Adv., Mr D J Medhi. Advocate for the respondent(s) : Mr P Sarma, SC, AFDC Page No.# 2/7 Date of Hearing and Judgment : 16.07.2025. JUDGMENT AND ORDER (ORAL) Heard Mr M K Choudhury, the learned Senior Counsel, assisted by Mr D J Medhi, the learned counsel appearing on behalf of the petitioner and Mr P Sarma, the learned Standing Counsel, AFDC, appearing on behalf of all the respondents. 2. The petitioner herein, has assailed the cancellation of the NIT bearing No. 2/2025, dated 17.03.2025, in so far as the Dakara Beel/Fishing Mahal of Dhubri district, as well as the further initiation of the tender process vide Tender No. 5/2025, dated 26.06.2025, in so far as the Dakara Beel/Fishing Mahal of Dhubri district is concerned. 3. To appreciate the challenge made in the writ petition, it is relevant to take note of, that the Managing Director of the Assam Fisheries Development Corporation Limited, had issued a tender notice bearing No. 2/2025, for settlement of various Fishing Mahals under the Assam Fisheries Corporation Limited for the financial year 2025-26, upto 31st of March, 2032, by entering into a contract. It is pertinent to mention that the said tender notice was in respect to 22 Fishery Mahals. However, for the sake of clarity, it is mentioned that the instant proceedings only relates to Dakara Beel/Fishing Mahal of Dhubri district. 4. The petitioner along with 4 (four) others participated in the said tender process, in so far as the Dakara Beel/Fishing Mahal is concerned, and submitted their respective papers. The respondent authorities, however, instead of settling the said Dakara Beel/Fishing Mahal in favour of the participating tenderers, issued a fresh tender notice on 26.06.2025, bearing Re-Tender Notice No. 5/2025, in respect to the Dakara Beel/ Fishing Mahal along with 21 other Fishing Mahals in question. It is under such circumstances, the petitioner, who was of the opinion that he was technically competent and being the highest bidder, has approached this Court by filing the present writ Page No.# 3/7 petition. 5. The record reveals that this Court, vide an order dated 10.07.2025, though did not issue any notice, but passed an interim direction, directing the Department not to proceed for settlement of the tender, in terms of the re- tender notice No. 5/2025, dated 26.06.2025, and thereby, fixed the instant proceedings on 15.07.2025. 6. On 15.07.2025, Mr P Sarma, the learned counsel appearing on behalf of the respondents, produced the records and also placed before this Court, an order dated 23.06.2025, as to why the bids of the 5 (five) tenderers in respect to Dakara Beel/, Dhubri/Fishing Mahal, was cancelled, and a fresh tender process was initiated. The said order dated 23.06.2025, which was placed is kept on record and marked with the letter-‘X’. 7. Mr P Sarma further, in support of the order dated 23.06.2025, placed the records and, more particularly, the affidavits so submitted by each of the tenderers in respect to the Dakara Beel/Fishing Mahal, as is required under Clause 6.8., which categorically stipulates that there is a requirement of filing an affidavit in non-judicial stamp paper in the format as mentioned at Page-13 of the said booklet issued. 8. The learned counsel appearing on behalf of the respondents, further drew the attention of this Court to the five affidavits, wherein all the tenderers have wrongly mentioned the date of the tender. In that regard, he placed before this Court, the affidavit filed by the petitioner, wherein the petitioner, by way of an affidavit, had stated that he would comply to the terms and conditions as mentioned in the tender notice dated 18.03.2025 and the other 4 (four) bidders had filed affidavits stating that they would comply with the terms as mentioned in the tender notice dated 03.04.2025. He, therefore, submitted that when all the tenderers had stated that they would comply in Page No.# 4/7 respect to a fictitious and non-existent tender, the respondent authorities have rightly rejected the tender process, in so far as the Dakara Beel/Fishing Mahal is concerned, vide the order dated 23.06.2025, and as such, there is no question of any interference. 9. This Court has also heard Mr M K Choudhury, the learned Senior Counsel appearing on behalf of the petitioner, who submitted that though there is no rules mentioning the period of the notice, which is otherwise there in respect to the Fishery Department of the Government of Assam, in terms with the Fishery Rules of 1953, but in the very booklet, and more particularly, Clause-2.3, would show that the notice to be issued is a notice. which is not less than 15 (fifteen) days. The learned Senior Counsel, therefore, submitted that irrespective of the fact that the petitioner along with the other bidders had submitted a wrong affidavit, but the second tender notice, i.e., re-tender notice No. 5/2025, dated 26.06.2025, thereby granting time to submit the tender within 08.07.2025, was in fact, in conflict with the very tender condition mentioned in the booklet of the re-tender No. 5/2025. 10. The learned Senior Counsel further submitted that the re-tender notice No. 5/02025 only grants 13 (thirteen) days to submit the tender, which is contrary to the own norms of the respondents, and as such, the re-tender notice No. 5/2025, is required to be interfered with, inasmuch, as a valuable right of the petitioner to participate in the said tender process, had been duly affected. Analysis and Determination: 11. This Court has duly perused the materials on record as well as the records, which have been produced by the learned counsel appearing on behalf of the respondents and the order dated 23.06.2025, which is kept on record and marked with the letter-‘X’. A perusal of the booklet, in so far as tender notice No. 2/2025, categorically shows at Clause-6.8, that there is a requirement of filing of an affidavit in 100 rupees non-judicial Page No.# 5/7 stamp paper, which is to be submitted at the time of submission of the tender documents. The proforma in which the affidavit is to be filed is also given in the said booklet. A perusal of the proforma of the affidavit categorically shows that the bidder has to state on oath that he had read the Notice Inviting Tender and has understood the contents thereof. In addition to that, the bidder has also to state on oath, that after fully understanding the terms and conditions for settlement, he has also personally inspected the fishery in question, and got fully apprised of the actual water area and others for the said fishery. The fact that the bidders are ready to accept all the conditions of the tender is also to be stated on oath, in the said affidavit. In that context, this Court duly takes note of, that the affidavits, which have been submitted by the bidders, including the petitioner, in so far as the Dakara Beel/Fishing Mahal is concerned, it would show that the petitioner along with all other bidders have mentioned about a Notice Inviting Tender, which is not in existence, inasmuch, as the Notice Inviting Tender is dated 17.03.2025, whereas the petitioner’s affidavit states about a Notice Inviting Tender dated 18.03.2025 and rest of the bidders have stated about a Notice Inviting Tender dated 03.04.2025. 12. Taking into account that in the affidavits so submitted by all the bidders, there was mention about a non-existent Notice Inviting Tender, this Court is of the opinion that the concerned respondent authorities were justified in cancelling the said tender process, vide the order dated 23.06.2025, which is kept on record and marked with the letter-‘X’. 13. Now, let this Court take note of the submission made by Mr M K Choudhury, the learned Senior Counsel, in respect to the fact that the period so permitted for submission of the bid was less than the period, which is stipulated in the booklet. This Court finds it very pertinent to take note of that when the matter was taken up on 15.07.2025, the learned counsel appearing on behalf of the Fishery Department, sought time to obtain instructions, as to whether the booklet in respect to the tender notice No. 5/2025, dated 26.06.2025, contained a similar clause as Clause-2.3 of the booklet, pertaining to the Page No.# 6/7 tender notice No. 2/2025. 14. Mr P Sarma, the learned counsel appearing on behalf of the respondents submitted that there is a similar condition, which stipulates that the period for submission of the tender would not be less than 15 (fifteen) days. 15. Taking into account the above, in the opinion of this Court, the petitioner herein, has a locus standi to challenge the re-tender notice No. 5/2025, in so far as the period being reduced for submissions of the tender, which is otherwise contained in the re- tender notice No. 5/2025. It is further the opinion of this Court that the act on the part of the respondent authorities to reduce the period for submission of the tender, i.e., from 26.06.2025 to 08.07.2025, thereby, only giving 13 (thirteen) days to submit the tender, is contrary to the booklet in respect to the re-tender notice No. 5/2025. Accordingly, the instant writ petition, therefore, stands disposed of with the following observations and directions:- i) The action on the part of the respondent authorities to cancel the tender process, in so far as the Dakara Beel/Fishing Mahal, Dhubri, under NIT No. 2/2025, vide order dated 23.06.2025, kept on record and marked with the letter-‘X’, calls for no interference. ii) The re-tender notice No. 5/2025, dated 26.06.2025, in so far as the Dakara Beel/Fishing Mahal is concerned, is interfered with, as the same is contrary to Clause-2.3 of the booklet pertaining to the re-tender notice No. 5/2025. iii) This Court grants liberty to the respondent authorities to issue fresh tender in respect to the Dakara Beel/Fishing Mahal, under Dhubri district, in accordance with their settled norms. iv) This Court, for the sake of clarity, further reiterates that the interference made to the re-tender notice No. 5/2025, dated 26.06.2025, is only in respect to Dakara Beel/Fishing Mahal under Dhubri district. The instant Judgment, however, Page No.# 7/7 shall not apply in respect to the 21 other Fishing Mahals/Beels, which is also the subject matter of re-tender Notice No. 5/2025, dated 26.06.2025. v) It is, however, observed that it shall not be a bar upon the respondent authorities to issue fresh tender notice in respect to the other 21 Fishing Mahals /Beels, if so advised. JUDGE Comparing Assistant