IMPORTANT POINT
The term 'fishermen' in the Assam Fishery Rules includes both genders, affirming the eligibility of self-help groups with female members for fishery settlements.

JUDGMENT :

Vijay Bishnoi, C.J.

Heard Ms. T. Som, learned counsel for the appellant in Writ Appeal No.352/2024, namely, Natun Melang Min Silpa Samabai Samity Limited (hereinafter referred to as “Natun Melang Samabai Samity”); Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. S. Khound, learned counsel for the appellant in Writ Appeal No.113/2024, namely, Nayanjyoti Self Help Group (hereinafter referred as “Nayanjyoti SH Group”) and Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. R.M. Deka, learned counsel for the appellant in Writ Appeal No.120/2024, namely, Kumar Kaibarta Gaon Meen Silpa Samabai Samity Limited (hereinafter referred as “Kumar Samabai Samity”). Also heard Mr. P. Sarma, learned Standing Counsel, Fishery Department; Ms. R.B. Bora, learned Junior Government Advocate, Assam; Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. S. Khound, learned counsel for the respondent No.4 in Writ Appeal No.352/2024 and for respondent No.5 in Writ Appeal No.120/2024; Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. R.M. Deka, learned counsel for the respondent No.5 in Writ Appeal No.352/2024 and Writ Appeal No.113/2024 and Ms. T. Som, learned counsel for the respondent No.6 in Writ Appeal No.113/2024 and Writ Appeal No.120/2024.

2. These writ appeals are preferred on behalf of the appellants being aggrieved with the common judgment and order dated 18.03.2024 passed by the learned Single Judge in WP(C) No.4064/2023 and 4002/2023.

3. The brief facts of the case are that the Deputy Commissioner/District Commissioner, Jorhat, [respondent No.4 in Writ Appeal No.113/2024 and WA No.120/2024 and respondent No.2 in Writ Appeal No.352/2024 (hereinafter referred as “Deputy Commissioner, Jorhat”)] issued a Notice Inviting Tender (NIT) dated 17.03.2023, inviting bids from interested persons for settlement of No.11 Kokila Part –(A) Fishery in Jorhat District. The last date for submission of bids was fixed on 18.04.2023.

4. In response to the above NIT, Nayanjyoti SH Group [appellant in Writ Appeal No.113/2024 which is respondent No.4 in Writ Appeal No.352/2024 and respondent No.5 in Writ Appeal No.120/2024] and Kumar Samabai Samity [appellant in Writ Appeal No.120/2024 which is the petitioner in WP(C) No.4002/2023 and respondent No.5 in WA No.352/2024 as well as WA No.113/2024] and Natun Melang Samabai Samity [appellant in WA No.352/2024 which is the petitioner in WP(C) No.4064/2023 and respondent No.6 in Writ Appeal No.113/2024 as well as Writ Appeal No.120/2024] submitted their respective bids. The bid amount offered by Nayanjyoti SH Group was Rs.6,51,101/-. However, the bid amounts offered by Natun Melang Samabai Samity and Kumar Samabai Samity were Rs.5,10,101/- and Rs.4,51,000/-, respectively.

5. The Fishery in question was settled in favour of the appellant Nayanjyoti SH Group vide order dated 15.07.2023 passed by the Joint Secretary to the Government of Assam, Fishery Department. In the process of settlement, the bid submitted by Natun Melang Samabai Samity was rejected on the ground that it was a defaulter because the amount due from the said Samity had not been paid.

6. Being aggrieved with the settlement of the Fishery in favour of Nayanjyoti SH Group, appellant Kumar Samabai Samity preferred a writ petition, being WP(C) No.4002/2023, on the ground that Nayanjyoti SH Group, being a Self-Help group not consisting of 100% actual fishermen, is entitled to be declared as ineligible for settlement of the Fishery in question in its favour.

7. Later on, Natun Melang Samabai Samity also preferred a writ petition, being WP(C) No.4064/2023 challenging the said settlement of the Fishery in favour of the Nayanjyoti SH Group and also challenging the action of the Joint Secretary to the Government of Assam, Fishery Department of cancelling its bid while treating it as defaulter.

8. During the course of hearing