Calcutta High Court (Appellete Side)
Samsi Fishery Self Help Help Group vs The State Of West Bengal And Ors on 26 July, 2018
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 Sl 20 26-07-2018
ct no. 14 s.d. W. P. 7079(W) of 2018 Samsi Fishery Self Help Help Group
-versus-
The State of West Bengal and ors..
Mr. Asit Kumar Bhattcharyya.
Mr. Subrata Ghosh Mr.Biswarup Biswas .....for the petitioner.
Mr. Raja Saha Ms. Joyee Maiti ...for the State.
The writ petitioner was originally declared a successful tenderer eligible to be awarded four ponds for pisciculture under Ratua I Block in the District-Malda.
Litigation commenced before this Court in relation to award of tender was initiated by the second successful bidder. The said litigation ended in an order dated 11th January, 2018 passed by the Division Bench of this Court in FMA 50 of 2018. The said order accepted a report of the District Magistrate, Malda which confirmed that the writ petitioner 'Samsi Fishery Self Help Group' 2 are not engaged in any fishery activity in the Ratua- Block I as on 25th April, 2017. The report (undated) of the Magistrate is annexed at page 77 of the writ application.
Despite the above, the writ petitioner says that the order of the Division Bench is confined only to three ponds and not to two ponds being ponds at serial nos. 61 and 65. He, therefore, asks for physical possession of these two ponds to be given to him to carry out pisciculture.
I find from the Division Bench Judgement as also the report of the District Magistrate, Malda(undated) that no specific pond is referred to. In fact the clear opinion of the Magistrate was that the writ petitioner was never engaged in any fishing activity in the said Ratua Block_I, which was an essential pre-condition to participate in the tender in question.
In those circumstances, the writ petitioner's claim therefore, cannot be accepted.
W. P. 7079(W) of 2018 is hereby dismissed. There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Rajasekhar Mantha, J.) 3