Executive orders issued by the government in respect of the administration of its own properties cannot be considered as statutory rules and are not justiciable under Article 226 of the Constitution.

( 1 ) THE facts in this case are shortly as follows : The petitioner is a co-operative society registered under the provisions of the Bengal Cooperative Societies Act. It was originally registered as far ago as 1929 and from time to time it took settlement of the fisheries in the Bidyadhari Spill Area. It is stated in the petition that the Society has developed these fisheries into planned and ideal fisheries. The last settlement taken by the petitioner society was to expire on the 31st March, 1960. The total area under settlement to the petitioner covered about 4000 bighas of land in the Bidyadhari Spill Area. It consisted of several settlements, including the four fisheries of the area of 246 bighas mentioned in Paragraph 3 of the petition. In the petition however, all mention of the remaining area has been left out. This application purports to be in respect of the settlement concerning these four fisheries, of an area of approximately 246 bighas. In all, the licenses issued to the petitioner, which expired on the 31st March, 1960 there was a clause to the effect that upon the expiration of the license, the licensee, meaning the petitioner, shall give up peaceful possession of the fishery to the Executive Engineer, Canals Division, or to a person authorised by him. If on the expiration of the term, the licensee was found to be in occupation, he shall be treated as a trespasser and liable to criminal proceedings being taken against him. It also laid down the amount of compensation that was to be paid for such unauthorised occupation. In contemplation of the expiration of the licenses, the petitioner society applied, on or about the 14th December, 1959 for a fresh lease. In the petition it is stated that the petitioner did not hear anything from Government with regard to the said application until the period of the existing license was over, but that on or about the 4th April, 1960 the petitioner society suddenly got a notice from the Sub-Divisional Officer, Irrigation, Tolly's Nulla, to the effect that it must give up possession of the fisheries referred to in paragraph 3 of the petition, immediately. Thereupon, the petitioner society pointed out that its application for a new license had not been dealt with, and thereafter it was allowed time till the 30th April, 1960 to vacate the area in question. It is about this time that the petitioner society learnt that the fisheries were going to be leased out to another society, namely, the Eastern Fishermen's Co-operative Society Ltd. for the year 1960-61.

( 2 ) THE complaint made in this application is that the rules require that the Registrar of Cooperative Societies should be consulted as to a desirable society that

should take up the lease, and although in this case the Registrar was consulted and he recommended the petitioner and did not recommend the last-mentioned society, yet the petitipner was passed over in favour of the said society, to whom ultimately the license has been issued. This version of the facts however, is not strictly accurate. As I have stated above, the petitioner society had been holding 4000 bighas of fisheries in the Bidyadhari Spill Area. The Government consulted the Assistant Registrars of the Co-operative Societies concerned, about the respective applicants, and thereafter taking all matters into consideration, Government granted a settlement of about 3750 bighas to the petitioner society and only 245 bighas to the respondent No. 4. By letter dated the 26th March J. 960 the petitioner society was informed by Government that about 3720 Bighas of fisheries in the said area would be granted to the petitioner and. on the 4th April, 1960 the petitioner society was directed to hand over possession of about 259 bighas out of which 245 bighas were settled with respondent No. 4. To this notice, the petitioner society by its letter dated the 6th April, 1960 asked for three months' lime for transferring their stocks from the said area. A copy of th