This appeal is directed against the judgment and order dated 21.3.2013 passed by the learned Single Judge in WP(C) No. 297/2012.

2. Relevant facts necessary for adjudication of the case are briefly set out hereunder.

3. Matter relates to settlement of a fishery called Group No.1 Dhar Brahmaputra Fishery of Dhubri district ('Fishery' hereafter). First appellant is a registered fishery co-operative society (appellant society) and the second appellant is its Secretary. Deputy Commissioner, Dhubri issued a Notice Inviting Tender (NIT) dated 16.12.2009 inviting sealed tenders from eligible parties for settlement of the fishery for a period of seven years. It was stated that the tenders would be accepted till 2 p.m of 20.1.2010 and at 3 p.m. of the same day, the tenders would be opened. As per clause 4 of the NIT, the tenderers were required to submit along with the tenders, amongst other documents, the following :

"(a) Fishing experience Certificate,

(b) Bakijai clearance Certificate,

(c) Scheduled Caste certificate/Maimal Community Certificate and certificate of actual fisherman,

(d) Postal Order/Cheque/Bank Draft of Rs. 10,

(e) Revenue deposit of 15% of the Government yearly value,

(f) Society Registration Certificate,

(g) Tax clearance Certificate,

(h) Photo of the person authorized to submit tender on behalf of the society,

(i) A copy of the Balance Sheet of the Society,

(j) List of name, address and age of the members of the society."

4. In response to the said NIT, all together 7 parties submitted tender, including appellant society and respondent No. 7 society (M/s. Gauripur Co-operative Fishery Society Ltd.). Tenders were opened on 21.1.2010. Seven tenderers had submitted tender. Bid offered by appellant society was Rs. 98,00,000 which was the highest whereas bid offered by respondent No. 7 society was Rs. 23,94,707, which was the 4th highest bid.

5. Appellant society did not submit the list of members along with its tender. According to the appellant society, it had submitted an application dated 18.1.2010 before the Assistant Registrar of Co-operative Societies, Dhubri for furnishing a copy of the list of its members, which was furnished to it only on 22.1.2010. On that day itself, appellant society submitted a copy of the said list to the Deputy Commissioner, Dhubri with a request to accept the same.

6. As the authority proceeded with the settlement process without considering the document submitted on 22.1.2010, appellant society instituted WP(C) No. 872/2011 before this court seeking a direction to the respondents not to reject the tender of the appellant society on the ground of non-submission of list of members along with the tender and to consider the tender of the appellant society on its own merit. Contention of the appellant society was that non-submission of the list of members along with the tender was a curable defect, which was cured when it was submitted immediately after opening of tenders.

7. This court by the judgment and order dated 22.11.2011 took the view that the said writ petition was pre-mature as the settling authority was yet to take a decision. Settling authority was directed to proceed with the settlement process by considering the tenders of all the tenderers in accordance with law and, thereafter, to pass necessary order of settlement.

8. Pursuant thereto, Secretary to the Government of Assam, Fishery Department passed the order dated 26.12.2011 settling the fishery with respondent No. 7 society for 7 years at its bid value of Rs. 23,94,707.

9. The above settlement order was put to challenge by the appellants in WP(C) No. 297/2012. Two other unsuccessful tenderers had also filed two separate writ petitions challenging the said order of settlement. All the three writ petitions were heard together by the learned Single Judge and by the common judgment and order dated 21.3.2013, all the three writ petitions were dismissed. Since the present appeal arises out of WH(C) No. 297/2012 filed by the appell