A.K. Goswami, J.

Challenge in WP(C) Nos. 3283, 3835 & 4554 of 2015 is to an order dated 1st June, 2015 issued by the Secretary to the Government of Assam, Fishery Department, whereby the Governor of Assam, in exercise of powers conferred under Rule 12 of the Assam Fishery Rules, 1953 (in short, 'Rules'), settled the No.3(B) Lower Part Bramaputra and 13-Rupnajaljali, Kholabondha Fishery of Kamrup (R) District (for short, 'Fishery') with Nalirpar Fishery Samabai Samittee Limited for a period of 7(seven) years from the date of delivery of the possession of the fishery at the offered bid value of Rs.27,33,333/-.

2. In WP(C) No.4133/2015, the challenge is made to an order dated 13th July, 2015 issued by the Deputy Commissioner, Kamrup (R), cancelling the order dated 19th June, 2015 issued in favour of the petitioner, namely, Nalirpar Fishery Samabai Samittee Limited, whereby the petitioner was permitted to operate the fishery for the period of 7(seven) years with effect from 1st June, 2015 to 31st May, 2022.

3. All the aforesaid 4(four) writ petitions being interconnected, they were directed to be tagged together. On the prayer of the learned counsel appearing for the parties, the 4(four) writ petitions are taken up for final disposal at the admission stage and accordingly, by this common judgment & order, the writ petitions are disposed of.

4. A tender notice was issued on 24th January, 2014 inviting sealed tenders from interested Co-operative Societies, Self Help Groups and Non-Governmental Organisations, comprising of Scheduled Caste Members belonging to Fishermen Community for settlement of the fishery in question.

5. In response to the said tender notice, 6(six) tenderers, including the petitioners herein, had submitted their respective tenders. Bids of the petitioners in WP(C) Nos. 4133, 4554, 3835 & 3283 of 2015 were Rs.27,33,333/-, Rs.21,55,555/-, Rs.15,61,439/- and Rs.47,51,511/-, respectively. By an order dated 17th May, 2014 issued by the Deputy Secretary to the Government of Assam, Fishery Department, it was communicated that the Governor of Assam, in exercise of the powers conferred upon him under Rule 12 of the Rules, was pleased to settle the fishery with the writ petitioner in WP(C) No.3835/2015, namely, Bahari Reserve Gaon Meen Samabai Samity Limited at the bid value of Rs.15,61,439/- for a period of 7(seven) years from the date of delivery of the possession of the fishery. The tenders of writ petitioners in WP(C) No.4133/2015 and WP(C) No.4554/2015 were rejected on the ground that it had not furnished Income Tax Clearance Certificates/Pan Cards. The tender of petitioner in WP(C) No.3283/2015, who had offered the highest bid, was also rejected on the ground of non-furnishing of Income Tax Clearance Certificate/Pan Card and neighbourhood certificate.

6. Against the aforesaid order dated 17th May, 2014, 3(three) writ petitions were instituted: one by the writ petitioner in WP(C) No.4554/2015, registered as WP(C) No.2790/2014, one by the writ petitioner in WP(C) No.3283/2015, registered as WP(C) No.2574/2014 and the other by one Society named and styled as 34 Sathisola Fishery Cooperative Society Limited, registered as WP(C) No.2865/2014. All the aforesaid 3(three) writ petitions were disposed of by an order dated 22nd September, 2014.

7. The petitioner in WP(C) No.3835/2015 preferred an appeal against the said order dated 22nd September, 2014, which was registered as Writ Appeal No.350/2014. After hearing the learned counsel for the appellant and the respondents, the writ appeal was dismissed by order dated 26th November, 2014.

8. At this stage, it will be appropriate to take note of another development that had taken place prior to passing of the impugned order of settlement dated 1st June, 2015. Making a reference to the order dated 22nd September, 2014 in WP(C) No.2574/2014, WP(C) No.2865/2014 and WP(C) No.2790/2014, by an order dated 20th December, 2014, the Joint Secretary to the Government of Assam,