Page No. 1/4 GAHC010062042026 2026:GAU-AS:5244 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1782/2026 BRAHMAPUTRA VALLEY MIN PALAN SAMABAI SAMITI LIMITED HAVING ITS REGISTERED OFFICE AT VILL.- BAMGAON, P.O. AND P.S.- DHEMAJI DIST- DHEMAJI, ASSAM REPRESENTED BY ITS PRESIDENT SRI HALADHAR DAS, AGE-57 YRS S/O SRI PADMA KANTA DAS, R/O VILL- DHEMAJI, BAMGAON P.O.- GOHAINGAON P.S.- DHEMAJI DIST- DHEMAJI, ASSAM, PIN-787057 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FISHERIES DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FISHERIES DISPUR GUWAHATI-781006 3:THE ADDITIONAL CHIEF SECRETARY GOVT. OF ASSAM FISHERY DEPARTMENT DISPUR GUWAHATI-781006 4:THE DISTRICT COMMISSIONER DIBRUGARH PIN- 786001 5:THE ADDITIONAL DISTRICT COMMISSIONER (FISHERIES) DIBRUGARH PIN-786001 6:DISTRICT FISHERY DEVELOPMENT OFFICER Page No. 2/4 DIBRUGARH PIN78600 Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : GA, ASSAM, SC, FISHERY BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 07.04.2026 Heard Mr. N.K. Kalita, learned counsel for the petitioner; Mr. P. Sarma, learned Standing Counsel, Fishery Department for the respondent nos. 1, 2, 3 & 6; and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent nos. 4 – 5. 2. The petitioner is a cooperative society registered under the provisions of Assam Cooperative Societies Act, 2007. It is stated that the petitioner society has been registered on 05.02.2024 and the Certificate of Registration has indicated the area of operation of the petitioner society. The petitioner society has stated that it has been formed by 100% fishermen members. 3. The case of the petitioner is that by a Tender Notice dated 22.08.2025, the respondent no. 4 invited tenders for settlement of a fishery named ‘Dibru Brahmaputra Meen Mahal’, located in Dibrugarh District. In response to the Tender Notice, the petitioner society submitted its tender along with all the requisite documents, as called for by the Tendering Authority, save and except a copy of the Balance Sheet for the last three years. After the last date of submission, the tender box was opened on 22.09.2025. Apart from the petitioner society, three other bidders have submitted their bids in response to the Tender Notice dated 22.08.2025. 4. After opening of the tenders, it is found out that the petitioner society has emerged as the highest bidder as its offered bid value of Rs. 18,00,000/- per year for the period of seven years is more than the bid amount offered by the other three participant bidders. Page No. 3/4 5. As the tender process initiated by the Tender Notice dated 22.08.2025 has not been brought to a logical conclusion till date and with an apprehension that due to non- submission of the copy of the Balance Sheet, a decision adverse to the interests of the petitioner society is being contemplated, the petitioner society has approached this Court by the instant writ petition on the premise that the petitioner society might be treated in a discriminatory manner in the process of evaluation of the bid. 6. It is the submission of the learned counsel for the petitioner society that the petitioner society having been registered in the year 2024, cannot have the Balance Sheet for a period of three years and on that ground only the bid of the petitioner society should not be treated as non-responsive. 7. Mr. Sarma, learned Standing Counsel, Fishery Department has submitted the tender process initiated by the Tender Notice dated 22.08.2025 is yet to be brought to a logical conclusion. He has submitted that the evaluation of the tenders received in response to the Tender Notice dated 22.08.2025 would be carried out in terms of the Assam Fishery Rules, 2007, more particularly Rule 12 thereof and in a fair and transparent manner. As no final decision as regards tender of the petitioner society has been made yet, it is submitted that the writ petition is premature at this stage. 8. After publication of the Tender Notice dated 22.08.2025, four bidders have submitted their bids. As the fishery named ‘Dibru Brahmaputra Meen Mahal’ is a 60% category fishery, the Tender Settling Authority is the State Government in the Fishery Department. The District Commissioner, Dibrugarh is the Tender Inviting Authority who after opening of the tenders received, has prepared a Comparative Statement. The District Commissioner, Dibrugarh as the Tender Inviting Authority is required to send the tender papers to the Fishery Department, Government of Assam for taking final decision in the matter of settlement. As the tender process initiated by the Tender Notice dated 22.08.2025 is yet to be brought to its logical conclusion and no final decision on the tender submitted by the petitioner society has yet been arrived at, the writ petition is Page No. 4/4 found to be premature at this stage. 9. It is expected that the respondent authorities will bring the tender process initiated by the Tender Notice dated 22.08.2025 to its logical conclusion as expeditiously as possible. In the event the petitioner society finds itself aggrieved in any manner by the final decision taken by the Tender Settling Authority on its tender, the petitioner society is at liberty to avail the appropriate remedy as permissible under the law. With the aforesaid observation, the writ petition is closed. JUDGE Comparing Assistant