VIJAY BISHNOI, J.

1. Matter comes up for consideration of application being I.A. No. 3177/2017 under Article 226 (3) of the Constitution of India filed on behalf of respondents for vacation of interim order dated 01.05.2017 passed by this Court, however, with the consent of the counsels for the parties, the matter is finally heard and is being decided today itself.

2. This writ petition is filed by the petitioner being aggrieved with the order dated 27.01.2017 (Annexure-5) issued by the respondent No. 2. The Fishing Development Officer, Rajsamand and the tender notice dated 22.03.2017 (Annexure-7) issued by Vikas Adhikari, Panchayat Samiti, Devgarh, District Rajsamand (for short 'the Vikas Adhikari' hereinafter).

3. Vide order dated 27.01.2017, the respondent No. 2 directed the Vikas Adhikari to invite tenders of fishing for Mansarovar Pond of Gram Panchayat, Daulpura for the year 2017-18 and to award contract, who vide tender notice dated 22.03.2017, invited tenders for 'C' & 'D' categories ponds, which include the Mansarovar Pond of Gram Panchayat Daulpura for the year 2017-18.

4. Learned counsel for the petitioner has contended that for the Mansarovar Pond of Gram Panchayat Daulpura, fishing contract has been awarded to the petitioner by the Gram Panchayat, Daulpura for the year 2015-16 vide order dated 19.06.2015. It is further contended by the learned counsel for the petitioner that the contract awarded to the petitioner was to remain in currency for a period of six years with a condition that the petitioner was required to deposit enhanced bid i.e. 10% for each consecutive year. It is submitted that the petitioner deposited the tender fee of Rs. 40,000/- for the year 2015-16 and subsequently, while adding 10% enhanced amount, he deposited Rs. 44,000/- on 06.02.2016 for the financial year 2016-17. It is also submitted that the petitioner has undertaken huge investment of around Rs. 6,00,000/- in getting the equipment installed and seeds for development of fish etc.

5. Learned counsel for the petitioner has submitted that though the contract of fishing for the Mansarovar Pond awarded in favour of the petitioner by the Gram Panchayat, Daulpura is still in currency but the respondent No. 2 has directed the Vikas Adhikari to issue fresh tender for the said pond for the financial year 2017- 18 and the Vikas Adhikari, pursuant to the direction issued by the respondent No. 2 has invited the tenders for awarding contract of fishing for 'C' & 'D' categories ponds of Panchayat Samiti, Devgarh including the pond of Mansarovar for which the contract of the petitioner is in existence. It is argued that the said action of the respondent No. 2 and Vikas Adhikari is illegal and without jurisdiction and, therefore, the impugned order dated 27.01.2017 (Annexure-5) and the tender notice dated 22.03.2017 (Annexure- 7) to the extent of inviting tenders for 'C' & 'D' categories ponds including the Mansarovar Pond of Gram Panchayat Daulpura is liable to be set aside.

6. Learned counsel for the petitioner has also submitted that the Gram Panchayat, Daulpura has jurisdiction to award the contract of fishing as per section 50 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994' hereinafter) read with Rule 172 of the Rajasthan Panchayati Raj Rules, 1996 (for short 'the Rules of 1996' hereinafter).

7. Reply to the writ petition has been filed on behalf of the State, wherein it is claimed that as per the provisions of Rajasthan Fisheries Act, 1953 (for short 'the Fisheries Act' hereinafter) and the Rajasthan Fisheries Rules, 1958 (for short 'the Fisheries Rules' hereinafter) for the 'C' & 'D' categories of ponds transferred to the Panchayati Raj Institutions, only the Vikas Adhikari of the concerned Panchayat Samiti is having jurisdiction to invite tenders and to award contract.

8. It is argued by the learned counsel for the respondents that the Gram Panchayat, Daulpura has no jurisdiction to award contract of fishing to the petit