Page No.# 1/6 GAHC010129442025 2025:GAU-AS:8563 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3343/2025 SHRD LUCKY WELFARE FOUNDATION REGISTERED OFFICE KUBAIKATA DHANIABHETI PO DHANIABHETI DIST NAGON ASSAM REP BY ITS DIRECTOR NO 2 SIRAJ UDDIN AHMED AGED 49 YEARS S/O LT ABDUL GOFUR SARKAR VILL KUBAIKATA PO DHANIA BHETI DIST NAGAON ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT DISPUR GUWAHATI 6 2:THE CHIEF EXECUTIVE OFFICER NAGAON ZILLA PARISHAD NAGAON PO AND DIST NAGAON ASSAM PIN 782001 3:THE EXECUTIVE OFFICER DHING ANCHALIK PANCHAYAT PO DHING DIST NAGAON ASSAM PIN 782123 4:THE SECRETARY DHANIABHETI GAON PANCHAYAT PO DHANIA BHETI DIST NAGAON ASSAM 782123 5:THE ADDITIONAL DISTRICT COMMISSIONER REVENUE NAGAON PO AND DIST NAGAON ASSAM PIN 782001 6:THE CIRCLE OFFICER DHING REVENUE CIRCLE PO DHING DIST NAGOAN ASSAM PIN 782123 7:THE OFFICER IN CHARGE BATADRAVA POLICE STATION PO BATADRAVA DIST NAGAON ASSAM Page No.# 2/6 78212 Advocate for the Petitioner : MR. D A KAIYUM, MR. M S MONDAL Advocate for the Respondent : GA, ASSAM, SC. REVENUE,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 25.06.2025 Heard Mr. D.A. Kaiyum, learned counsel for the petitioner, who submits that the erstwhile Batadrava Anchalik Panchayat had issued a Notice Inviting Tender (‘NIT’ in short) dated 30.05.2024, for settlement of different Haat/Ghat/Fishery under it’s jurisdiction for the year 2024-25, i.e., from 01.07.2024 to 30.06.2025, including the Kubaikata Beel, which covers about 65 Bighas of land. However, all ongoing process of settlement of Haats/Ghats/Fisheries/Pounds/ etc. for the year 2024-2025, for which the NITs were floated, were cancelled, pursuant to the Notification eCF No.221100 dated 29.06.2024, issued by the Principal Secretary to the Government of Assam, P&RD Department. The notification dated 29.06.2024 was put to challenge in a number of writ petitions, the leading case being WP(C) No.3649/2024 (Padma Kanta Hazarika & Anr. Vs. The State of Assam & 2 Ors.). WP(C) No.3649/2024 etc. were disposed of by this Court, vide order dated 30.07.2024, by directing the respondent authorities not to extend the period of settlement of the markets any further without calling of tender. Further, the authorities were to run and manage the markets departmentally. 2. The petitioner’s counsel submits that as the settlement of fisheries could only be made through an NIT to be issued by the authorities and as in the Page No.# 3/6 meantime, the authorities were to run the fishery, the Dhing Anchalik Panchayat issued a short tender notice, for settlement of the Kubaikata Beel for 3 months, from 01.04.2025 to 30.06.2025. The petitioner’s counsel submits that even though the said fishery/beel has been settled with the petitioner for a period of 3 months, the petitioner has not been allowed to fish on account of the notification dated 28.03.2025 issued by the Government of Assam, Fishery Department, which had prohibited fishing in the State of Assam from 01.04.2025 to 31.07.2025, as it is the breeding season for fish. 3. The petitioner’s counsel submits that in the meantime, the Dhaniabheti Gaon Panchayat has issued a tender notice dated 05.06.2025 for settlement of the Kubaikata Beel for the year 2025-2026, i.e., from 01.07.2025 to 30.06.2026 and the last date of submission of tender had been fixed on 25.06.2025. 4. The petitioner’s counsel submits that the tender notice dated 05.06.2025 should be set aside, as in terms of Section 109 of the Assam Panchayat Act, 1994 and Rule 47 of the Assam Panchayat (Financial) Rules, 2002, all fisheries of an Anchalik Panchayat is to be settled by quoting a tender for at least 45 days before the last date of submission of bids. However, in the present case, only 20 days’ time had been given for submission of bids. The petitioner’s counsel also submits that as the Kubaikata Beel is not a proclaimed fishery, as provided under Rule 1(A) of the Assam Fishery Rules, there cannot be prohibition in fishing. As such, the impugned notification dated 28.03.2025 should be set aside. 5. Mr. A.K. Ghosh, learned counsel appears on behalf of Mr. S. Dutta, learned counsel for the P&RD Department. 6. I have heard the learned counsels for the parties. Page No.# 4/6 7. The petitioner has put a challenge to the NIT dated 05.06.2025, on the ground that the Acts and Rules have not been followed, inasmuch as, 45 days’ time has not been given to the tenderers to submit their bids. The above being said, the averment made by the petitioner in the writ petition that a short tender notice has been issued by the authorities is a wrong averment made by the petitioner, as the petitioner’s counsel has submitted that no short tender notice had been issued by the respondents. Further, Section 109 of the Assam Panchayat Act, 1994 provides that settlement of fishery can only be done by inviting tenders. In the present case, no tender has been invited by the authorities and as such, the settlement of the fishery for 3 months with the petitioner by the authorities, flies in the teeth of the order passed by this Court in a number of writ petitions, the leading case being WP(C) No.3649/2024, that the settlement of fishery has to be done through a tender. 8. The notification dated 28.03.2025 issued by the Addl. Secretary to the Government of Assam, Fishery Department states as follows:- “ORDERS BY THE GOVERNOR NOTIFICATION Dated Dispur, the 28-03-2025 eCF No.E-634285/04: Consequent upon the decision taken by the Government of Assam in Fishery Department, the Governor of Assam is pleased to prohibit the use of Berjal/Mahajal or Fasijal or any type of net with meshes less than 7 cm Bar/14 cm mesh during breeding season w.e.f. 1st April, 2025 to 15th July, 2025 in any proclaimed fishery under Rule 23 (1) of Assam Fishery Rule, 1953. The use of net with less than 1 cm Bar/2 cm mesh in size (Mosaijal) is prohibited in any fishery throughout the year under Rule 23 (2) of Assam Fishery Rule, 1953. Prohibition on catching of brood fish of certain species in any proclaimed Page No.# 5/6 fishery is imposed w.e.f. 1st May, 2025 to 31st July, 2025 under Rule 23-A(1), and catching and killing by any method, of fish for any purpose including consumption and selling of undersized fish of certain species is prohibited between 1st August, 2025 to 31st October, 2025 under Rule 23-A(2). These are aimed at ensuring natural breeding, propagation and growth of fish in all fisheries and natural water bodies.” 9. The above notification clearly states that fishing has been banned in the State of Assam in the various fisheries w.e.f. 01.05.2025 to 31.07.2025 under Rule 23(1) of the Assam Fishery Rules, 1953, inasmuch as, this is the breeding season of fish and as such, the notification aims to ensure natural breeding, propagation and growth of fish in all fisheries and natural water bodies. In view of the fact that the temporary settlement of the fishery with the petitioner is illegal, this Court is of the view that any settlement that might have been made by the respondents with the petitioner is not sustainable. The alleged temporary settlement of the fishery with the petitioner for 3 months is accordingly set aside. 10. With regard to the contention of the petitioner’s counsel that the tender notice dated 05.06.2025 for settlement of the Kubaikata Beel should be set aside, as 45 days has not been given to the intending bidders to submit their bids, this Court directs the respondent authorities to ensure that intending bidders are allowed to submit their bids within 45 days from the date of issuance of the tender notice dated 05.06.2025, in terms of Rule 47(2) of the Assam Panchayat (Financial) Rules, 2002, which states that tender notice shall be floated for at least 45 days before the last date of the Panchayat Financial year. In the present case, as it is not possible to float the tender prior to 45 days of the Panchayat Financial year, the respondents should ensure that 45 days should at least be given, for submission of tender. Accordingly, a corrigendum Page No.# 6/6 should be issued by the respondents, extending the last date of submission of bids, in pursuance to the NIT dated 05.06.2025, till 20.07.2025. 11. The writ petition is accordingly disposed of. JUDGE Comparing Assistant