Point of Law: Rule 12 of Assam Fishery Rules, 1953 has prescribed that a 60% category fishery is to be settled with special category of Cooperative Societies, Non-Government Organisations and Self Help Groups consisting of 100% actual fishermen in neighbourhood of fishery concerned by tender system.

JUDGMENT :

MANISH CHOUDHURY, J.

1. In both the writ petitions - W.P. (C) No. 8195/2017 and W.P. (C) No. 8674/2018 – preferred under Article 226 of the Constitution of India, the main subject-matter of challenge is settlement of a fishery named ‘No. 5 Sonai Nadi Part-III Fishery’ located in Morigaon District in favour of the cooperative society, M/s No. 151/152 Karmari Nandini Meen Samabai Samity, impleaded as party-respondent no. 8 in both the writ petitions (hereinafter referred to as ‘the respondent society’ at places, for easy reference).

2. The Settling Authority i.e. the State Government in the Fishery Department had settled the fishery named No. 5 Sonai Nadi Part-III Fishery, a 60% category fishery, (hereinafter referred to as ‘the Fishery’, for short) in favour of the respondent society for a period of 7 (seven) years w.e.f. the date of delivery of possession of the Fishery to the respondent society by an Order of Settlement dated 22.09.2017. Apart from the Order of Settlement dated 22.09.2017, the petitioner society in the writ petition, W.P. (C) No. 8195/2017 has also assailed an Order dated 14.11.2017 passed by the Additional Chief Secretary to the Government of Assam, Fishery Department, whereby, the Representation submitted by the said petitioner society on 03.10.2017 was rejected, thereby, affirming the Order of Settlement dated 22.09.2017. The petitioner society in the writ petition, W.P. (C) No. 8195/2017 has also sought for a direction in the nature of mandamus to settle the Fishery in its favour on the premise that the respondent society’s bid was non-compliant and the petitioner society was the highest eligible bidder in the tender process initiated for settlement of the Fishery by a Tender Notice dated 04.04.2017.

2.1. The petitioner society in the writ petition, W.P. (C) No. 8674/2018 was also a participant in the tender process initiated for settlement of the Fishery by the Tender Notice dated 04.04.2017. In the writ petition, W.P. (C) No. 8674/2018, challenges are also made to the Order of Settlement dated 22.09.2017 and the subsequent Order dated 14.11.2017. A relief in the nature of mandamus is also sought by the said petitioner society as like the petitioner society in the writ petition, W.P. (C) No. 8195/2017.

3. For proper appreciation of the issues raised in these two writ petitions, it is apposite to exposit the necessary facts, in brief, sans the unnecessary details. By the Tender Notice dated 04.04.2017, the Deputy Commissioner, Morigaon as the Tender Inviting Authority invited sealed bids for settlement of the Fishery ‘No. 5 Sonai Nadi Part-III Fishery’ (‘the Fishery’) for a period of 7 (seven) years. The Fishery is a 60% category fishery, which is to be settled in terms of the provisions of the Assam Fishery Rules, 1953. The Tender Notice mentioned that sealed bids would be received at the office of the Tender Inviting Authority i.e. the Deputy Commissioner, Morigaon upto 02-00 p.m., 12.04.2017. As per terms and conditions of the Tender Notice, a number of documents were required to be submitted by the bidders along with their respective bid in sealed form. Amongst the certificates/documents which were required to be submitted along with the sealed bids by a bidder, the documents viz. (i) earnest money in the form of call deposit, amounting to 15% of the annual revenue of the first year as fixed by the Government; (ii) a photocopy of the PAN Card issued from the Income Tax Department and (iii) a Bakijai Clearance Certificate from the office of the Deputy Commissioner; were included. The Tender Notice had further stipulated that the bids could be submitted by a co-operative society comprised of 100% members belonging to Scheduled Caste and actual fisherman and such bidder society should be in the neighbourhood of the Fishery.

4. In response to the Tender Notice dated 04.04.2017, 7 (seven) nos. of