WP(C) 80/2011 BEFORE HON’BLE MR.JUSTICE T.NK SINGH JUDGMENT AND ORDER (O R A L) Heard Mr.PN Goswami, learned counsel for the petitioner and also Mr.J.Haque, learnd GA appearing for the respondents. [2] By an order of this Court dated 07.01.2011 passed in the present writ petition, Mr.Soren, learned GA was directed to take instruction in the bac kdrop of the case that after opening of the respective tenders submitted by vari ous tenderers the comparative statement was prepared for Burchala Fishery and se nt to the Government on 14.09.2010 seeking advice on the matter, no final decisi on in the said process has been taken by the authority till date. [3] This case was again listed on 18.01.2011. However, till date the learned State Counsel could not get any instruction from the State respondents. [4] In this context, this writ petition is taken up for disposal at this stage. [5] The petitioner society is the existing lessee of the Burchala Fi shery. It is also stated that the petitioner society consists of 100% actual fis hermen belonging to the SC Community. The DC, Golaghat, issued notice dated 22.0 7.2010 for sale of the fishery i.e. Burchala Fishery for the period from 01.09.2 010 to 31.08.1017 and tenders shall be accepted in the office of the Deputy Comm issioner up to 11 AM of 31.08.2010. It is also mentioned in the said notice that the tenderers who are intending to be present at the time of opening of the bid s shall be allowed. [6] In response to the said notice dated 22.07.2010 the petitioner s ociety and others submitted their respective bids; and as per the schedule the b ids were opened and the DC, Golaghat prepared comparative statement of tenders f or settlement of Barchala Meen Mahal of Golaghat District for the period from 20 10 to 2017. Copy of the said settlement is available at Annnexure-G to the prese nt writ petition. The bid value submitted by the petitioner amongst the valid te nderers is the highest. The D.C, Golaghat, under his letter dated 14.09.2010 had submitted the said comparative statement of tenderers for settlement of the Bar chala Meen Mahal of Golaghat District, to the State Government. [7] The grievance of the petitioner in the present writ petition is that the State Government, pursuant to the said letter of the DC, Golaghat dated 14.09.2010, has not yet finalized the settlement of the said fishery till date. Hence the writ petition for a direction to the respondent Nos.1 and 2 to filani se the settlement of the said fishery pursuant to the said letter of the DC, Gol aghat dated 14.09.2010. [8] It is further case of the petitioner society that since the peti tioner society is the existing lessee of the said fishery, the State Government under the order of the Deputy Secretary to the Govt of Assam being No.FISH.10/98 /88 dated Dispur, 26.09.2003 (Annexure C to the writ petition) settled the fishe ry (Barchala Meen Mahal) with the present petitioner at enhanced rate of 10% ann ual revenue over the existing last year revenue w.e.f the date of expiry of the earlier settlement on 24.08.2003 till fresh settlement is made by the Government . [9] In the present case, it is clear that the Government has not yet made the new settlement of the said fishery. In such circumstance, the petition er society, lessee shall be allowed to continue to be the lessee of the fishery at the enhanced rate of 10% of the annual revenue over the last year revenue til l finalization of the settlement by the Government. The State respondent Nos.1 a nd 2 are directed to finalize the said settlement of Barchala Meen Mahal of Gola ghat District within a period of one month from the date of receipt of certified copy of this order. [10] The petitioner has to approach the Secretary, Fishery, Governmen t of Assam with a certified copy of the order for necessary action. With the above observation and direction, the writ petition is d isposed of.