Point of Law: Respondent authority has no power to make any direct settlement in terms of Rule 12 of Assam Fishery Rules.

JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied with the judgment and order dated 28.03.2022 passed by the learned Single Judge in WP(C) No. 2262/2022, the appellant/original petitioner has preferred this appeal.

2. The following facts emerge from the record of the appeal: It is the case of the appellant/original petitioner that the respondent No.3 herein floated a Tender Notice vide Tender No. 1/2015 inviting tenders from interested persons from the Scheduled Caste listed communities of the respective areas in the State of Assam in respect of different fisheries throughout the State including Dohor-Jogra Fishery in Dhubri District for a period of seven years. It is the case of the appellant that he did apply pursuant to the said Tender Notice and offered a sum of Rs. 4,50,001/-per year and was the second highest bidder. As the record unfolds, one Amar Barman was the highest bidder, who had offered Rs. 9,00,101/-for one year. It appears from the record that the successful bidder could not act as per the accepted bid and did not deposit the requisite amount. It further appears that on coming to know about the same, the appellant/original petitioner wrote a letter/petition on 21.02.2016 expressing his willingness to take the lease, which culminated into an agreement dated 03.05.2016. By the said agreement, the appellant/original petitioner agreed to pay a sum of Rs. 4,50,001/-for Dohor-Jogra Fishery. It was clearly mentioned by the appellant/original petitioner in his letter dated 21.02.2016 that the settlement of the fishery may be given to him by cancelling the existing settlement. As per the agreement so made, the appellant/original petitioner deposited an amount of Rs. 27,00,006/-. The record further indicates that on completing six years of the lease, the appellant/original petitioner did apply for extension. However, the same was not considered by the respondent authorities and meanwhile, the respondent authorities issued a Tender Notice on 14.03.2022 being Tender Notice No. AFDC.992/2021/3870-3884 for settlement of Dohar-Jogra Fishery in Dhubri District. The said Tender Notice was challenged by the appellant on the ground that it was prima facie illegal. It was the case of the appellant that in the State of Assam fisheries are given on lease for a minimum period of seven years and, therefore, the appellant cannot be discriminated as he has regularly paid all the instalments.

3. Relying upon Covenant No. 36 (a) of the terms and conditions of the agreement executed on 03.05.2016, it is contended by the appellant that the extension be granted in his favour and on such other grounds it was also contended that the impugned Tender Notice if allowed to be carried out, would be violative of Articles 14 and 16 of the Constitution of India. On such factual background and the grounds raised in the petition, the appellant inter alia prayed for the following reliefs in the writ petition :

“In the premises aforesaid, it is most respectfully prayed that this Hon’ble Court may graciously be pleased to admit this petition, call for the records and issue Rule calling upon the Respondents to show cause as to why, the impugned illegal Tender Notice No. 01/2022 (Annexure-L, Page-) dated-14/03/2022 issued by the Managing Director, (Respondent No-3) of the Assam Fishery Development Corporation Limited, vide Memo No. AFDC 992/2021/3870-3884, only to the extent of No. 20/106 Dohor-Jogra Fishery, in the District of Dhubri, inviting for lease of the same fishery for seven years, starting from 2022-23, shall not be set aside and quashed and upon hearing the cause or causes that may be shown by the respondents, Your Lordships may be pleased to make the Rule absolute and or to pass any further order or orders as Your Lordships may deem fit and proper for the interest of justice.

AND

In the interim Your Lordships may further be pleased to pass an interim order by staying further proceeding of the impugned illegal Tender Notice No. 01/2