ORDER :

Kalyan Rai Surana, J.

1. Heard Mr. R.K. Bora, the learned counsel for the petitioner, Mr. S.S. Roy, learned Govt. Advocate for State respondents No. 1, 2 and 3, Mr. S. Banik, learned counsel for respondent No. 4, and Mr. J.I. Barbhuiya, learned counsel for respondent No. 5.

2. The discontinuance of the settlement of 25 No. Dhepujijan, 28 No. Garonga, 103 No. Garsag, and 104 No. Malia group fishery with the petitioner is the subject matter of challenge in this writ petition filed under Article 226 of the Constitution of India.

3. The case projected by the petitioner society is that the competent authority vide order No. FISH 193/2010/Pt/294 dated 14.12.2012, had settled the said fishery with the petitioner for a period of 7 years. Upon challenge made by the unsuccessful bidder, this Court by a common judgment and order dated 27:11.2013 in W.P.(C) Nos. 138/2013 and 328/2013, had set aside the said order of settlement made in favour of the petitioner. Nonetheless, vide order No. FISH 193/2010/Pt-I/373 dated 17.12.2013, the competent authority had allowed the petitioner society to run the said fishery on daily basis till finalization of fresh settlement. The aggrieved petitioner filed two intra-Court appeals and this Court by common judgment and order dated 14.06.2016 in W.A. Nos. 413/2013 and 415/2013, had set aside the judgment and order passed in the two writ petitions. Thereafter, the Joint Secretary to the Govt. of Assam, Fishery Department, vide letter No. FISH 193/2010/Pt-II/351 dated 30.06.2016, informed the Deputy Commissioner, Morigaon to the effect that he was directed to request to comply with the order dated 14.06.2016, formally handing over the possession of the said fishery to the petitioner, further directing that while handing over possession of the fishery, settlement period be included and the daily basis settlement period be excluded from settlement period enjoyed by the petitioner-lessee. Accordingly, the possession of the said fishery was handed over to the petitioner society on 12.9.2016. On 13.11.2019, the petitioner submitted a representation, amongst others, ventilating that the period of lease was till 13.09.2023, but the Deputy Commissioner, Morigaon was contemplating to invite tender for the said fishery and requested for staying the tender process. Thereafter, the Joint Secretary to the Govt. of Assam, Fishery Department by letter No. FISH 193/2010/Pt-I/408 dated 11.12.2019 sought for clarification regarding tenure of the said fishery, and the Addl. Deputy Commissioner, Morigaon clarified that although the settlement period expired on 14.12.2019, but as per instructions contained in letter No. FISH 193/2010/Pt/351 dated 30.06.2016, while giving possession of the fishery, the Govt. had requested to exclude the daily basis settlement period from settlement period as enjoyed by the lessee society. The grievance of the petitioner society is that although they had deposited revenue till 17.07.2021, the Joint Secretary to the Govt. of Assam, Fishery Department by an order No. FISH 193/2010/Pt-I/522 dated 04.08.2020, held that the petitioner society had over-enjoyed the fishery beyond seven years tenure on the basis of an administrative order issued in 2016 without having legal sanctity, and by declaring the respondent No. 4 better placed to run the fishery, discontinued the settlement of the fishery with the petitioner and allowed the respondent No. 4 to run the said fishery temporarily on daily basis and the Deputy Commissioner, Morigaon was directed to hand over the said fishery to the respondent No. 4 after completion of all formality.

4. The learned counsel for the petitioner has submitted that before passing the impugned order to discontinue settlement of the fishery with the petitioner, no opportunity of hearing was provided to the petitioner. It is also submitted that the Joint Secretary to the Govt. of Assam, Fishery Department had mentioned in his previous letter dated 30.06.2016, that he was ac