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2024 Supreme(Gau) 1786
IN THE HIGH COURT OF GAUHATI
Kalyan Rai Surana, J.
Geramari Gaon Panchayat Meen Samabay Samity Ltd. - Appellant
Vs.
The State of Assam and Ors. - Respondent
WP(C) No. 1911 of 2024
Decided On : 09-04-2024
Advocate Appeared:
For the Appellant : J. Deka, Adv.
For the Respondents: GA
The court affirmed that fisheries must be settled under the tender system as per Rule 12 of the Assam Fisheries Rules, 1953, invalidating daily settlements.
Headnote:(A) Assam Cooperative Societies Act, 1945 - Assam Fisheries Rules, 1953 - Writ petition challenging the daily settlement of fishery lease - The petitioner, a cooperative society of fishermen, contended that the settlement was made without proper criteria and against the tender system prescribed by Rule 12 - The court noted that the daily settlement contradicts the tender system and directed the state to issue guidelines for future settlements. (Paras 11, 12, 16, 19)
(B) Interim Relief - The court provided interim directions regarding the daily settlement, stating it would end on 10.05.2024, unless a tender process is initiated. (Paras 14, 18)
Facts of the case:
The petitioner, a cooperative society, challenged the settlement of a fishery lease to another society, arguing the process was flawed and violated the tender system. The previous settlement was made in 2012, and the current arrangement had been ongoing since 2019.
Findings of Court:
The court found that the daily settlement arrangement was contrary to the tender system mandated by the Assam Fisheries Rules and directed the state to formulate a policy for future settlements.
Issues: The main issues included the legality of the daily settlement process and the adherence to the tender system as per the Assam Fisheries Rules.
Ratio Decidendi: The court ruled that the daily settlement of fisheries is not permissible under Rule 12 of the Assam Fisheries Rules, which mandates a tender system for all registered fisheries.
Result: The court directed that the interim daily settlement would cease on 10.05.2024, pending the issuance of a tender.
ORDER :
Kalyan Rai Surana, J.
1. Heard Mr. D. Das, learned senior counsel, assisted by Mrs. A. Talukdar, learned counsel for the petitioner. Also heard Mr. P. Sarma, learned standing counsel for the Fishery department, representing respondent nos.1 and 2; Mr. M. Chetia, learned Govt. Advocate representing respondent nos.3, 4 and 5; as well as Mr. M.K. Choudhury, learned senior counsel, assisted by Mr. D.J. Medhi, learned counsel for the respondent no.6.
2. The petitioner claims to be a registered cooperative society under the Assam Cooperative Societies Act, 1945 and it is projected that the society of the petitioner consists of 100% actual fisherman belonging to the scheduled caste community. The case of the petitioner is that pursuant to the last NIT issued on 15.11.2019, the group no.2/88 Dharnad Brahmaputra Pt. II & III fishery of Dhubri district. However, the said tender was not given effect to as one M/s. Chandakhola Beel Fishery Cooperative Society Ltd. had preferred a writ petition before this Court, seeking direction upon the respondent authorities for granting extension of lease for a period of 2 (two) years and not to give effect to NIT dated 15.11.2019. This Court by an interim order dated 16.12.2019, passed in WP(C) 8310/2019, passed a common order dated 12.02.2024 along with WP(C) 8281/2022, thereby closing the said WP(C) 8310/2019 as withdrawn. However, the connected WP(C) 8281/2022 was allowed by setting aside order dated 23.12.2019, issued by the Deputy Secretary to the Govt. of Assam, Fishery Department. It may be mentioned that by order dated 23.12.2019, the respondent authorities had allowed M/s. Chandakhola Beel Fishery Cooperative Society Ltd. to operate the fishery on daily basis. This Court had further ordered that keeping in view the fact that the interest of public exchequer would be best served if a new tender notice is issued by the State respondents and a fresh settlement of the fishery is made, which should be commensurate with the prevailing market rates. Accordingly, the State respondents were given liberty to initiate a fresh tender notice for settlement of fishery.
3. In the meanwhile, the appeal filed by the said M/s. Chandakhola Beel Fishery Cooperative Society Ltd., being WA 58/2024 was dismissed by the Division Bench of this Court by order dated 28.02.2024. In the meanwhile, the respondent authorities, specifically the Additional Secretary to the Govt. of Assam, Fishery Department had issued an order bearing eCF No.E-268956/204 dated 08.03.2024, amongst others, settling the Group 2/88 Dharnad Brahmaputra Pt. II & III Fishery in Dhubri district to the respondent no.6 society, namely, M/s. Dharnad Brahmaputra Fishery Cooperative Society Ltd. (respondent no.6) at their offered rate of Rs.6932/- per day. The said settlement order on daily basis is the subject matter of challenge in this writ petition filed under Article 226 of the Constitution of India.
4. Issue notice returnable on 13.05.2024.
5. Requisite extra copies of the writ petition be furnished to the learned State and departmental counsel as well as to the learned counsel for the respondent no.6 in course of the day.
6. Heard both sides on the prayer for interim relief.
7. The learned senior counsel for the petitioner contends that the petitioner had given an offer of agreeing to settlement at whatever rate is fixed by the Govt. It is also projected from Annexure-13 to the writ petition that another cooperative society had given an offer of Rs.7,000/- per day for the said fishery and it is submitted that the settlement on daily basis was made without adopting any criteria.
8. Per contra, the learned standing counsel for the Fishery Department has submitted that the Fishery Department has decided to issue a tender for settlement of the said fishery in accordance with Rule 12 of the Assam Fisheries Rules, 1953. It is however, submitted that owing to the Lok Sabha Election, which is due in the State of Assam and will conclude on 07.05.2024, the
