The court emphasized that in contractual disputes, the extraordinary remedy of writ under Article 226 or 32 of the Constitution of India cannot be invoked.

JUDGMENT :

(Sandeep Mehta, J.)

1. This intra court appeal has been preferred by the State of Rajasthan for assailing the final order/judgment dated 13.01.2022 passed by the learned Single Bench accepting the writ petition preferred by the respondent firm and directing the appellants to permit the firm to carry out fishing activities in the Jawai Dam upto 31.03.2022. Further direction was given by the learned Single Bench to renew the fishing lease of the respondent-writ petitioner for the years 2022-23 and 2023-24 in terms of the NIT dated 12.03.2019 with periodic increase in the lease amount.

2. Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow :

The State Government issued Tender No.2 dated 12.03.2019 for carrying out fishing activities for the period of five years in various water bodies across the State of Rajasthan including Jawai Dam. It was stipulated in the tender document that the first year’s lease amount would be decided as per the highest financial bid and for the successive years, the fishing leases would be renewed with 12% increase in the lease amount of the previous year. It was further stipulated in the tender document that the successful bidder would have to deposit in advance, ¼th of the lease amount for the following year by 31st January of the current year alongwith security amount and the remaining ¾th of the lease amount would be payable by 15th March of the ongoing year. The said condition of the tender document, which is relevant and germane for deciding the controversy is reproduced hereinbelow for the sake of ready reference :-

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3. This condition was incorporated in the tender document as per Rule 6(3) of the Rajasthan Fisheries Rules, 1958 (for short, hereinafter referred to as ‘the Rules of 1958’), which is reproduced hereinbelow for the sake of ready reference :-

“(3) For the water leased out, the lessee shall deposit the 1/4th of the lease amount of subsequent year alongwith security amount before 31st January and rest of the amount alongwith security money shall be forfeited and the tenderer/bidder shall be debarred from entering into fishing contract for a period of 2 years.”

4. The respondent firm applied for and was granted the lease for carrying out fishing activities in the Jawai Dam, Pali. It deposited the first installment of the lease amount as per the stipulation in the rule and the tender document. The firm, being the successful bidder was under an obligation to deposit the remaining ¾th of the lease amount by 15.03.2021. However, the firm filed a representation dated 08.01.2021 praying that the time period for payment of lease amount may be extended in wake of the COVID-19 pandemic. Such representation was rejected by the competent authority vide order dated 22.02.2021 and on account of non-payment of the balance ¾th lease amount, fishing license awarded to the respondent firm was cancelled and it was debarred and blacklisted for two years from participating in future tender process vide order dated 07.06.2021. The respondent firm challenged the action of lease termination and blacklisting by filing the subject writ petition before learned Single Bench, which was accepted vide order dated 13.01.2022 with the following directions:-

“11. In view of the afor