JUDGMENT :

1. Heard Mr. M. Dutta, the learned counsel appearing on behalf of the petitioner in WP(C) No.8109/2017, WP(C) No.1354/2017, WP(C) No.5306/2017, WP(C) No.6309/2017, WP(C) No.6634/2017, WP(C) No.7809/2017, WP(C) No.2811/2018, WP(C) No.868/2020, WP(C) No.2758/2020, WP(C) No.5514/2020, WP(C) No.3169/2021, WP(C) No.3176/2021 and WP(C) No.998/2023. I have also heard Mr. D. Das, the learned Senior counsel assisted by Mr. D. J. Medhi, the learned counsel appearing on behalf of the petitioner in WP(C) No.4403/2020, WP(C) No.3248/2021, WP(C) No.5204/2021, WP(C) No.7207/2021 and WP(C) No.1003/2023. Mr. S. Banik, the learned counsel appearing on behalf of the writ petitioner in WP(C) No.7006/2021 and Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Fishery Department, Government of Assam.

2. The plethora of writ petitions before this Court are in relation to the settlement of the petitioner-M/S Saikhowa Sadiya Min Samabay Samity Ltd. (for short hereinafter referred to as ‘the petitioner’) in respect of Brahmaputra Part III, IV and V Fishery Mahal. It is relevant to take note of that the said fishery falls within the category of 60% fishery which is settled by the Government as per the Assam Fishery Rules, 1953. The said fishery Mahal had well defined and demarcated boundaries in each part more appropriately described in the Schedule-A to WP(C) No.998/2023. Schedule-A of the said writ petition being relevant is reproduced hereinbelow.

SCHEDULE A

Brahmaputra Part III Fishery

North : Jonaimukh to Sonarighat with Chichi Mouza and Budisuti to Dhalkut.

South : From western side of Brahmaputra to Laikamukh of Rangagora Mouza and Mohanaghat of West side of Dibrugarh town.

East : From Laikamukh to Jonaimukh through Brahmaputra

West : From Sonarighat to Mohanaghat through Brahmaputra

Brahmaputra Part IV Fishery

North: Sonarighat to Chichimukh alongwith Budisuti to Sluicegate of Deurigaon and from Rakhachelek gaon to Partiamukh of Chichi Mouza.

South: From Mohanaghat to West Dihingmukh

East: From Mohanaghat to Sonarighat through Brahmaputra

West: From Dehingmukh to Chichimukh through Brahmaputra

Brahmaputra Part V Fishery

North:

South: (From Dehingmukh to Milankur)

East:

West:

3. A Notice Inviting Tender dated 08.06.2011/30.07.2011 was issued for settlement of the fishery as described in Schedule-A to the writ petition i.e. WP(C) No.998/2023 which hereinafter referred to as the “Schedule Fishery”. It appears from the records that the petitioner herein along with various others had participated in the said Notice Inviting Tender. On 22.11.2013, the Secretary to the Government of Assam, Fishery Department after taking into account the various bids, passed an order on behalf of the Governor of Assam in terms with Rule 12 of the Assam Fishery Rules, 1953 as amended to settle the Schedule fishery with Sri. Maina Biswas, Secretary of the petitioner at the offered bid value of Rs.1,08,71,264/- for 7 (seven) years with effect from the date of handing over the possession of the fishery subject to observance of all the formalities as per norms/rules/ procedures/ instruction etc. as laid down in Government Order No.FISH.2/2000/172 dated 21.05.2005. It appears further that various writ petitions were filed against the said order issued in favour of the petitioner herein. It was only vide an order dated 09.01.2017, various writ petitions were disposed of thereby upholding the order dated 22.11.2013 made in favour of the petitioner.

4. Thereupon, on 16.01.2017, the Deputy Commissioner, In-charge, Dibrugarh had issued an order in continuation to the order dated 22.11.2013 thereby mandating that the settlement period to be from 16.01.2017 to 15.01.2024 with the annual Fishery Revenue of Rs.15,53,038/-. In the said order, the boundaries of the Schedule fishery were mentioned which is paramateria to Schedule-A of WP(C) No.998/2023. Thereupon, on 17.01.2017, the possession of the schedule fishery was handed over to the petition