PATHAK, C.J. (Acting):- By these petitions under Art.226 of the Constitution of India, the petitioners have challenged the W/T message dated 22-2-1980 issued by the Fishery Department of the Government of Assam with Memo No. VFF. 465/79/134-A dated 22-2-1980 under the signature of the Deputy Secretary to the Government of Assam, Fisheries Department directing all Deputy Commissioners and Sub-Divisional Officers not to open the tenders received by them or to make settlement of the fishery without prior clearance from the Government.

2. The facts leading to the present petitions converge on a very narrow compass. The petitioners in both the petitions are members of the Scheduled Caste and belong to Kaivarta family selling fish in the market and dealing in fishery business. The Deputy Commissioner of Dibrugarh issued a notice of sale of fisheries of the Dibrugarh District on 12-2-80 inviting tenders on or before 20-3-80 for settlement of as many as six registered fisheries for the period of 3 years with effect from 1-4-80 to 31-3-83. In pursuance of the aforesaid sale notice, Arabinda Das, petitioner in Civil Rule No. 174 of 1980 submitted a valid tender enclosing all necessar