IMPORTANT POINT
The main legal point established in the judgment is that the Assam Fisheries Development Corporation has no power of direct settlement of fisheries and settlements made without calling for tenders are illegal.

JUDGMENT :

VIJAY BISHNOI, J.

1. The instant writ appeals, i.e. WA No. 366/2022, WA No. 348/2022 and WA No. 349/2022 are filed by the appellants/writ petitioners assailing the judgment and order dated 21.09.2022, passed by the learned Single Judge in WP (C) No. 2192/2022 and other connected writ petitions, whereby the learned Single Judge has dismissed the writ petitions.

2. WP (C) 8169/2022 has been tagged with the present appeals pursuant to the order dated 19.12.2022 passed by the learned Single Judge in the said writ petition, which reads as under:

“After hearing the submission of learned counsel for both sides, this Court is of the prima-facie opinion that the central issue involved in this proceeding has already been decided by a coordinate Bench in favour of the AFDC and the writ appeal preferred against the judgment of the learned Single Judge is pending before the Division Bench. Therefore, it would be improper for this Court to proceed in the matter and adjudicate upon the same issue.

Under the circumstances, the only recourse that appears to be available to this Court would be to direct this writ petition to be tagged with W.A. No. 348/2022.

Ordered accordingly.

Registry to list the matters together.”

Accordingly, WP (C) 8169/2022 is taken up for consideration along with the present appeals.

3. The brief facts of these appeals are that the Assam Fisheries Development Corporation Limited (in short AFDC) has settled various beels/fisheries in the State of Assam with the appellants in the year 2020 and 2021. However, on 08.04.2022, all those settlements made by the AFDC with the appellants have been cancelled.

4. Being aggrieved with the same, the appellants have approached this Court by way of filing separate writ petitions which came to be dismissed by the learned Single Judge vide impugned judgment dated 21.09.2022. Hence, these writ appeals.

5. The question which comes for consideration before the learned Single Judge was whether the settlement of fisheries in favour of the appellants by the AFDC was in accordance with law or not.

Bench of this Court rendered in M/s. 129 Haria Dablong Min Mahal Samabai Samity Ltd. vs. Assam Fisheries Development Corporation Ltd. and Others, AIR 2001 Gau. 139 has held that the AFDC has no authority to settle the fisheries in favour of the appellants and therefore, the cancellation of the said settlements cannot be said to be arbitrary and illegal. The learned Single Judge has held that the action of the AFDC of settling the fisheries in favour of the appellants was in gross violation of Article 14 of the Constitution of India. Relying on the provisions of Rule 8 as well as Rule 12 of the Assam Fisheries Rules, 1953, the learned Single Judge has held that the AFDC has no authority to settle the fisheries in favour of the appellants and as such, the settlements made in favour of the appellants of the various fisheries have rightly been cancelled.

Rejecting the arguments made on behalf of the appellants that before cancellation of the settlement, no opportunity of hearing was provided to them, the learned Single Judge has held that providing an opportunity of hearing to the appellants would be a useless formality.

6. Learned counsel appearing for the appellants has argued that the learned Single Judge has erred in dismissing the writ petitions filed by the appellants without taking into consideration the fact that the AFDC has settled the various fisheries in favour of the appellants by executing a contract and they have invested huge amounts in operating the fisheries.

7. It is contended that before cancellation of the settlement, no opportunity of hearing was provided to the appellants and as such, the principle of natural justice has not been followed. It is further contended that the AFDC has full authority to settle the fisheries in favour of the appellants without inviting tenders as per the provisions of Assam Fisheries Rules. It is, therefore, prayed that the impugned judgment passed by the le