This appeal has been referred to the Special Bench by me as the questions of law raised in this appeal very often come up for considera­tion before this court. I have had the advantage of reading the judgment of my lord the Chief Justice and my brother Dutta, J. But as I do not agree with the opinion expressed by them on the points raised and argued, I shall give my opinion separately.

(2) This is an appeal under section 147 of the Assam Land and Revenue Regulation (herein­after called 'the Regulation') with rule 11 of the Fishery Rules published under the said Regulation (hereinafter called 'the Rules') on behalf of one Raghunath Talukdar against an order of the Sub-divisional Officer, Barpeta who is impleaded as respondent No. 1 in this appeal. The State Gov­ernment selected Fishery No. 28 Barkana beel with Nos. 29 and 68 for settlement by tender. The Subdivisional Officer, Bavpeta was accord­ingly directed to take steps for settlement of the said Fishery under the rules after inviting ten­ders. By a sale notice dated 22nd December, 1959 the Subdivisional Officer, Barpeta invited ten­ders for settlement of the aforesaid fishery, fixing the last date for submission of