The court emphasized the importance of adhering to the Assam Fishery Rules, 1953, in awarding settlement to the 'highest valid bidder' and refrained from adjudicating on technical validity, leaving it to the departmental authorities.

JUDGMENT

Suman Shyam, J. - Heard Mr. M. K. Choudhury, learned senior counsel assisted by Mr. S. Khound, learned counsel appearing on behalf of the writ petitioner M/S Gauripur Cooperative Fishery Society Ltd. in WP(C) Nos.2562/2020, 3051/2020, 4434/2020 and 5216/2020. Also heard Mr. D. K. Sarmah, learned counsel appearing on behalf of the writ petitioner M/S Geramari Gaon Panchayat Meen Samabay Samity Ltd. in WP(C) Nos.3379/2020 and 2343/2020.

Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate, Assam, is present on behalf of the official respondents. Mr. G. Bordoloi, learned Standing Counsel, Cooperation Department is also present.

2. The dispute in this batch of writ petitions relates to regular settlement of the Group No.1/87 Dharnad Brahmapputra Pt-I & Satakuri Nadi Fishery situated in the district of Dhubri. The aforesaid fishery was earlier settled with M/S Gauripur Cooperative Fishery Society Ltd. for a period of 7 years with effect from 04.03.2013. The lease was due for expiry on 03.03.2020. As such, the Deputy Commissioner, Dhubri had issued Notice Inviting Tender (NIT) dated 27.02.2020 inviting fresh bids for regular settlement of the aforesaid fishery for a further period of seven years. In response to the aforesaid NIT both the rival societies, besides three other tenderers have submitted their bids. After evaluating the bids, the Deputy Commissioner, Dhubri had forwarded his recommendation vide letter dated 29.09.2020 addressed to the Commissioner and Secretary to the Govt. of Assam, Fisheries Department, Dispur, recommending the tender of M/S Geramari Gaon Panchayat Meen Samabay Samity Ltd. for settlement of the fishery viz., Group No.1/87 Dharnad Brahmapputra Pt-I & Satakuri Nadi Fishery, by treating it as the highest bidder. It also appears that, on the basis of the order dated 27.02.2020 issued by the authorities, the sitting lessee viz., M/S Gauripur Cooperative Fishery Society Ltd. was allowed to operate the aforesaid fishery on daily basis until regular settlement of the same.

3. Aggrieved by the order dated 27.02.2020 M/S Geramari Gaon Panchayat Meen Samabay Samity Ltd. (for short "Geramari") had approached this Court by filing WP(C) No.2343/2020 with a prayer to set aside the order dated 27.02.2020. By order dated 25.06.2020 passed by the learned Single Judge, the respondents were restrained from issuing any final order of settlement pursuant to the NIT dated 27.02.2020.

4. Thereafter, M/S Gauripur Cooperative Fishery Society Ltd. (for short "Gauripur") had also approached this Court by filing WP(C) No.2562/2020 praying for a direction to dispose of the representations dated 16.03.2020 and 17.03.2020 submitted by it before the Additional Deputy Commissioner and Assistant Registrar of Cooperative Societies (ARCS) respectively, alleging that M/S Geramari Gaon Panchayat Meen Samabay Samity Ltd. had enrolled 48 nos. of members falling within the jurisdiction of the petitioner society and thereby, illegally obtained the distance certificate. On such ground a prayer was also made to reject the tender submitted by "Geramari".

5. Due to the pendency of the aforementioned writ petitions and the interim order operating therein, the process of regular settlement of the fishery could not progress. Situated thus, "Gauripur" had filed WP(C) No.3051/2020 and by relying upon the order dated 23.06.2020, whereby the distance certificate of "Geramari" was cancelled, praying for a direction upon the respondents to take a final decision in the matter of settlement of the fishery by taking into account the fact that "Geramari" was not entitled to the settlement of the fishery.

6. During the pendency of WP(C) No.3051/2020, "Geramari" had also approached this Court by filing WP(C) No.3379/2020 assailing the order dated 23.06.2020, by means of which, the Circle Officer had cancelled the distance certificate earlier issued to the said society.

7. Soon thereafter, "Gauripur" had filed another writ petition being WP(C) No.4434/2020 a