WP(C) 2452/2010 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. B.D. Goswami, learned counsel appearing for the petitioner. Al so heard Dr. B. Ahmed, learned Standing Counsel of the Assam Fisheries Developme nt Corporation (AFDC), who appears for respondents 1 & 2. Mr. Sarma, learned Gov ernment Advocate represents the Deputy Commissioner. The petitioner Fishery Cooperative Society after the management of the s ociety switched hands on 26.12.2009 following due election, in order to streamli ne the functioning of the society made a request on 19.3.2010 to the Managing Di rector of the respondent corporation to provide them information on the revenue outstanding in the name of the petitioner society. On receipt of the information , the petitioner society wanted to pay back the outstanding dues so that the act ivities of the Fishery Cooperative Society can be revived. But this relevant information was not furnished and in the mean time a t ender notice dated 9.4.2010 was issued by the respondent corporation inviting bi ds for settlement of the Gathia Beel Fishery (hereinafter referred to as the Fi shery . Even till the last date i.e. 26.4.2010 of filing the bids, the petitione r was not informed of their dues. But by considering the petitioner society to b e a defaulter, they were not issued tender papers which disabled them from submi tting their bid, in response to the tender notice dated 9.4.2010. This court while issuing notice on 24.6.2010, sought information from th e Fishery Corporation about the total amount dues, for which the petitioner soci ety has been considered to be a defaulter. In the mean time the interim order wa s passed to stay the settlement process. Dr. B. Ahmed, learned Standing Counsel on the basis of instruction recei ved admits that the petitioner society had filed an application on 19.3.2010 see king information about the liabilities of the petitioner society and it is submi tted that the said information could not be furnished before the last date for s ubmission of bid i.e. 26.4.2010, as the corporation needed to verify their offic ial records to inform on the dues of the petitioner. The due according to Dr. Ah med has been quantified at Rs.51,777/-. Mr. B.D. Goswami, learned counsel submits that the petitioner society wa s ready and willing to pay their dues and information in this regard was sought voluntarily on 19.3.2010 from the respondent corporation and when the corporatio n was unable to furnish the desired information till 26.4.2010 the petitioner so ciety cannot be considered to be a defaulter in the eye of law. In any case, it is submitted that the petitioner society has always been willing to square their outstanding account. Dr. Ahmed, representing the Fishery Corporation admits that when dues ar e paid of, the Fishery Society is not to be considered as defaulter. The learned counsel further concedes that the Fishery Corporation had not declared the peti tioner society to be a defaulter, prior to 26.4.2010, which was the last date fi xed for responding to the tender notice dated 9.4.2010. In the above circumstances this Court concludes that the petitioner was wrongfully denied of the opportunity to participate in the tender process. Since this is a fishery settlement and the petitioner society members are actual fish ermen residing in the neighbourhood of the Fishery, they should have been allowe d to offer their bid. Therefore this denial has led to discrimination. In view of the above position, subject to the petitioner paying the amou nt of Rs.51,777/- to the respondent corporation on or before 12.5.2010, the sett lement process initiated through the impugned NIT dated 9.4.2010 stands quashed. The respondent corporation may initiate a fresh settlement process where the pet itioner society should also be allowed to offer their bid for the Fishery, in th e event payment is received within the time stipulated. If due amount is not paid within 12.5.2010, the settlement can be made on the ba sis of the earlier process under NIT dated 9.4.2010. The writ petition stands allowed in terms of the above direction.