The writ petitioner herein impugns the order dated 1.7.80 of the Assam Board of Revenue directing settle­ment of Disang Part II Fishery (for brevity 'the Fishery') with the Respondent No. 6, and the order passed by the Additional Deputy Commissioner, Sibsagar, settling the Fishery with the Respondent No. 6 and also cancelling the subsisting settlement of the Fishery with the petitioner.

2. The petitioner is a Co-operative Society registered under the Assam Co-operative Societies Act, 1949 and has been the lessee of the Fishery for the period from 1.4.76 to 31.3.79 and further from 1.4.79 to 31.3.82 It appears that for the year 1979-80 upto 15.1.80 there was temporary default commi­tted by the petitioner Society in respect of kists of fishery revenue. The S.D.O., Sibsagar on 24.1.80 issued salo notice inviting tenders for the sale of the Fishery on 28.2.80 for the period from 1.3.80 to 31.3.82 without any notice to, and without cancelling the subsisting lease of, the petitioner Society. In his order dated 28.2.80 the Collector, Sibsagar, said that only 3 (three) tenders were received against 3 (three) fisheries out of 18 fisheries. So he ordered for retender.

3. The petitio