Hrishikesh Roy, J.

1. Heard Mr. A.K. Goswami, learned Senior Counsel appearing for the petitioner M/s. Manash Padmabari Jiniram Fishery Cooperative Society Ltd. (hereinafter referred to as "the Manash Society"), which is registered within Goalpara District. Also heard Mr. K.K. Mahanta, learned Senior Counsel appearing for respondent No. 4, M/s. Kachudola Fishery Cooperative Society Ltd. (hereinafter referred to as 'the M/s. Kachudola Society') which is registered within Bongaigaon District Ms. H.M. Phukan, learned Govt. Advocate appears for the respondent Nos. 1 to 3.

2. This matter pertains to the settlement of No. 1, Dhar Brahmaputra Fishery a 60% category fishery which is required to be settled under Rule 12 of the Assam Fishery Rules, 1953 (hereinafter referred to as "the Fishery Rules"), with 100% actual fishermen groups, who are located in the neighbourhood of the fishery. After the amendment of the Fishery Rules brought in effect from 8th April, 2005, such fisheries are to be settled by tender system.

3. By the NIT dated 19.1.2006 (Annexure II), the Government invited tenders for settlement of the fishery for a period of 7 years with effect from 11.3.2006 to 10.3.2013. It was indicated in the NIT that tenders can be submitted by the Co-operative Societies, Self Help Groups, NGOs comprising of 100% actual fishermen of the schedule caste community or Maimat community of Barak Valley. Tenderer has to be of that district and neighbourhood of the fishery concerned.

4. By order dated 24.2.2006, the settling Authorities after purported examination of the 4 tenders received in response to the NIT, declared that the respondent No. 4, M/s. Kachudola Society, despite the higher bid of Rs. 35,15,644/-, had not submitted, inter alia, the most important certificate i.e. the neighbourhood certificate and accordingly could not be considered for settlement. The settling authorities found that the bid of the petitioner (M/s. Manash Society) fulfils all the criteria as it is situated within 1/2 kilometer of the Fishery and that 76.30% of the Manash Society falls under Goalpara District and accordingly the fishery was settled with the petitioner Society for a period of 7 years at their offered amount of Rs. 12,40,632/-.

5. The Respondent No. 4, M/s. Kachudola Society being aggrieved by the settlement order dated 24.2.2006, filed a writ petition being W.P. (C) No. 1507/06 and this Court by judgment and order dated 22.3.2006 allowed the said writ petition and set aside the settlement granted in favour of M/s. Manash Society. The matter was remitted back to the settling authority for a fresh decision to be taken after enabling the M/s. Kachudola Society to furnish the requisite documents for want of which, their tender was rejected.

6. Pursuant to the aforesaid first round remittance by the High Court on 22.3.2006 in W.P. (C) No. 1507/06, the settling authority examined the matter and permitted M/s. Kachudola Society to submit 3 vital certificates. On consideration of those certificates furnished by M/s. Kachudola Society, in view of highest offer of Rs. 35,15,644/- made by the said society, decided to settle the fishery with M/s. Kachudola Society for a period of 7 years.

7. In the settling authority's order dated 15.5.2006 (Annexure IX) in favour of respondent M/s. Kachudola Society, Clause 2 of the NIT, which requires a tenderer to be of the concerned district was noted. The report of the Dy. Commissioner, Dhubri (Annexure VI) submitted on 10.2.2006 (Annexure VI) was referred to, which indicated that No. 1, Dhar Brahmaputra Fishery traverses through 3 districts: 17.66% of the fishery falls in Bongaigaon District, 76.30% falls in Goalpara District and 6.04% fells within Dhubri District. It was also recorded in the said report dated 10.2.2006 of the Dy. Commissioner, Dhubri that M/s. Manash Society is a society within Goalpara District and that the maximum portion of the fishery to be settled to the extent of 76.30%, are within the neighbou