IMPORTANT POINT
The main legal point established in the judgment is that the settlement process for a fishery must adhere to the requirements specified in the relevant rules and tender notice. The court emphasized the importance of revenue maximization and protection of the fishermen community's interests in the settlement process.

JUDGMENT :

The fishery named 48 Kharkhari Fishery, Amingaon, District – Kamrup [hereinafter referred to as ‘the Fishery’, in short, for the sake of brevity] is a 60% category fishery and is required to be settled as per the provisions contained in Rule 12 of the Assam Fishery Rules, 1953. The Fishery was previously settled with M/s Jia Kalahi Meen Samabai Samity Limited for a period of 7 [seven] years from 24.07.2012 to 23.07.2020. When the term of the earlier settlement of the Fishery expired on 23.07.2020, the Deputy Commissioner, Kamrup was instructed to initiate steps for settlement of the Fishery for the next term of settlement by the State Government in the Fishery Department on 03.11.2020. On receipt of such instruction, the Deputy Commissioner as the Tender Inviting Authority got the revenue of the Fishery assessed through the District Fishery Development Officer [DFDO], Kamrup under Rule 48 of the Assam Fishery Rules, 1953 @ Rs. 78,000/-per annum. The State Government accorded approval to the annual revenue of the Fishery on 17.11.2020. By a Tender Notice dated 09.02.2021, the Deputy Commissioner invited bids for settlement of the Fishery for a period of 7 [seven] years fixing the annual revenue as Rs. 78,000/-and the last time/date of submission of bids was fixed up-to 03-00 p.m., 19.02.2021. The Tender Notice had inter alia stated that the Fishery would be settled with co-operative societies/self help groups [SHGs]/non-government organizations [NGOs] formed with fishermen and the bidders should belong to the concerned district and be in the neighbourhood of the Fishery.

2. In response to the Tender Notice dated 09.02.2021, 4 [four] nos. of bidders including M/s Jia Kalahi Meen Samabai Samity Limited [‘the petitioner society’ and/or ‘M/s Jia Kalahi Society’, for short] and M/s Ashirbad Fishery Mahal Society [‘the respondent society’ and/or ‘M/s Ashirbad Society’, for short], submitted their bids quoting different bid values. The names of the bidders and their respective bid values, in descending order, are as under :-

3. The Tender Settling Authority in the Fishery Department, Government of Assam, after receipt of the tender documents of 4 [four] participant bidders, on being forwarded by the Tender Inviting Authority, has found the bid of the respondent society as the highest valid bid and the Fishery has been settled in favour of the respondent society at a total settlement value of Rs. 91,00,000/-for a period of 7 [seven] years @ Rs. 13,00,000/- per annum by an Order of settlement dated 04.08.2021.

4. The Order of settlement dated 04.08.2021 has been made the subject-matter of challenge by the petitioner society in this writ petition instituted under Article 226 of the Constitution of India seeking inter alia a direction to set aside and quash the Order of Settlement dated 04.08.2021, whereby, the Fishery has been settled with the respondent society and the bid of the petitioner society has been rejected and also for a direction in the nature of mandamus to the respondent authorities to settle the Fishery in favour of the petitioner society on the ground the petitioner society was the highest valid bidder in the bidding process initiated by the Tender Notice dated 09.02.2021.

5. I have heard Mr. S. Khound, learned counsel for the petitioner; Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 1 to 6; and Mr. A.C. Sarma, learned senior counsel assisted by Mr. S. Das, learned counsel for the respondent no. 7.

6. The petitioner society has assailed the Order