The Subansiri Reserve Fishery Mahal was settled with the petitioner for the period from 1995 to 1997 and the petitioner took possession of the fishery. On 31.3.97 the petitioner submitted an application before the Commissioner and Secretary to the Govt of Assam, Forest Department for extension of the period of settlement but no orders were passed on the application of the petitioner for extension. Instead, by an order dated 30th April 1998, the Govt of Assam in the Forest Department settled the Subansiri Reserved Fishery Mahal in favour of the respondent No. 5 for a period of 2 years with effect from the date of actual possession of the mahal subject to payment of 30% above the last settled value of the mahal. Aggrieved, the petitioner has filed this application under Article 226 of the Constitution praying for quashing the said order dated 30th April, 1998 of the Govt of Assam, Forest Department, settling the fishery mahal in favour of the respondent No. 5.

2. At the hearing, the only contention raised by Mr. BD Das, learned counsel for the petitioner is that the impugned order of settlement dated 30th April, 1998 has been made with the respondent No.5 without inviting tenders or w

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