R.B. Mishra, J.

1. Heard Mr. R. C. Saikia, learned counsel for the petitioner and Ms. B. Chakraborty, learned counsel for the Respondent No. 5 and also Mr. K. C. Mahanta, learned Standing counsel, Government of Assam.

2. The question of considering the prayer for quashing the order dated 16.8.2003 (Annexure-9 to the writ petition) whereby the settlement of fisheries-business for 5 years i.e. from 1.4.2003 to 31.3.2008 was made in favour of respondents in terms of the provisions of Rule 12 of the Assam Fisheries Rules, 1953 (in short called Rules hereinafter) in favour of an individual or in favour of 'Society' constituting members of 100% fisherman community of neighbouring area. It appears that the petitioner for his Society along with others came forward with their claims and the reports in respect of the antecedent's financial condition and their eligibility of participants were considered. The petitioner was initially indicated to be financially not sound, however, said remark was said to be inadvertently made as by subsequent letter dated 17.5.2003 (Annexure-8 to the writ petition) from the Deputy Commissioner, Marigaon, Department of Fisheries, Government of Assam, earl