Page No.# 1/4 GAHC010027642025 2025:GAU-AS:1497-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/383/2025 MONOJ DAS S/O. SUKANA RAM DAS, R/O. VILL. BANIKUCHI, P/O. SARTHEBARI, DIST. BARPETA, ASSAM. VERSUS 1: THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FISHERY DEPARTMENT, GUWAHATI-6 2:ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. BIMALA PRASAD CHALIHA RAOD CHACHAL VIP ROAD GHY-781036. 3:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. BIMALA PRASAD CHALIHA CHALIHA ROAD VIP ROAD GHY-36. 4:THE MANAGEG ASSAM FISHERIES DEVELOPMENT CORPORATION LTD. BIMALA PRASAD CHALIHA CHACHAL ROAD VIP ROAD GHY-36. 5:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GHY-22 6:THE ASSTT. REGISTRAR OF COOPERATIVES SOCIETIES BARPETA ASSAM PIN-781305. 7:THE DISTRICT COMMISSIONER BARPETA DIST. BARPETA ASSAM PIN-781305. 8:THE BATGAON NAYAPARA FISHERIES COOPERATIVE SOCIETIES REP. BY THE SECRETARY JAYDEV DAS S/O. NABADEEP NAYAPARIA BARPETA ASSAM PIN-781305 Page No.# 2/4 Linked Case : W.A. No.1327/2025 (Filing Number) MONOJ DAS SON OF SUKANA RAM DAS R/O- VILLAGE BANIKUCHI. POST OFFICE AND POLICE STATION-SARTHEBARI DISTRICT-BARPETA ASSAM PIN 781307 VERSUS 1: THE STATE OF ASSAM AND ORS REPRESENTAD BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FISHERY DEPARTMENT GUWAHATI -781006. 2:ASSAM FISHERIES DEVELOPMENT CORPORATION LTD BIMALA PRASAD CHALIHA ROAD CHACHAL VIP ROAD GHY- 781036 3:THE MANAGING DIRECTOR ASSAM FISHERIES DEVELOPMENT CORPORATION LTD .BIMALA PRASAD CHALIHA ROAD VIP ROAD GUWAHAN-781036 4:THE MANAGER ASSAM FISHERIES DEVELOPMENT CORPORATION LTD BIMALA PRASAD CHALIHA ROAD CHACHAL GUWAHATI-781036 5:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-781022 6:THE ASSTT REGISTRAR OF COOPERATIVE SOCIETIES BARPETA DISTRICT BARPETA ASSAMPIN CODE-781305 7:THE COMMISSIONER DISTRICT BARPETA DISTRICT BARPETAASSAM PIN CODE-781301 8:THE BATGAON NAYAPARA FISHERY CO OPERATIVE SOCIETY REPRESENTED BY THE SECRETARY JAYDEV DAS S/O-NABADEEP DAS R/O-BATGAON NAYAPARIABARPETA ASSAM PIN CODE- 781305 For the Applicant/Appellant(s) : Mr. K.N. Choudhury, Sr. Advocate, assisted by Ms. R.R. Kakoti, Advocate. For the Respondent(s) : Mr. P. Sarma, Standing Counsel, Fishery Department. : Mrs. R.B. Bora, Junior Government Advocate, Assam. : Mr. A. Chaliha, Standing Counsel, Finance Department. Page No.# 3/4 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 14.02.2025 (Vijay Bishnoi, CJ) The matter comes upon for consideration of the interlocutory application with a prayer to condone the delay of 18 days in filing the connected writ appeal. Learned counsel appearing for the respondents have not opposed the application. Having heard the learned counsel appearing for the parties and after going through the contents of the interlocutory application, we deem it appropriate to condone the delay of 18 days in filing the connected appeal. The interlocutory application is, therefore, allowed and the delay of 18 days in filing the connected writ appeal is condoned. Since the controversy is very short, with the consent of the learned counsel appearing for the parties, we have heard the connected writ appeal on merits. The appellant has challenged the action of the Assam Fisheries Development Corporation Limited (AFDC), whereby it has declared the bids submitted by the appellant as well as the respondent No.8 of the writ petition as technically qualified for settlement of Borkona Fishery under Barpeta District for 7(seven) years, i.e. from 2024-25 to 31.03.2031. The appellant has raised a concern that in terms of the letter dated 18.11.2024 issued by the Senior Inspector/ Auditor of Co-operative Societies, which is addressed to the Assistant Registrar of Co-operative Societies, Barpeta, the bid submitted by the respondent No.8 in the writ petition was not supposed to be declared as technically qualified. Page No.# 4/4 The learned Single Judge, after taking into consideration the argument raised on behalf of the appellant, has directed the AFDC to take a decision with regard to the selection of the successful tenderers after considering the observations made in the letter dated 18.11.2024 issued by the Senior Inspector/Auditor of Co-operative Societies addressed to the Assistant Registrar of Co-operative Societies, Barpeta. It is also made clear that any decision to be made by the AFDC, which could prejudice the respondent No.8, should be made only after giving an opportunity of hearing to the respondent No.8. Having gone through the impugned order dated 18.12.2024 passed by the learned Single Judge in WP(C) No.6818/2019 as well as the material on record, we do not find any merit to the challenge of the impugned order. Hence, the writ appeal, which is yet to be registered, is dismissed. The Registry is directed to register the connected writ appeal [Writ Appeal No.1327/2025 (Filing Number)] immediately and treat it as dismissed. JUDGE CHIEF JUSTICE Comparing Assistant