WP(C) 2336/2010 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr PK Roychoudhury, learned counsel for the petitioner; Mr I. Chou dhury, learned counsel for the Respondent No.6; and Mr P. Roy, learned State cou nsel appearing for the other Respondents. The petitioner has challenged the order dated 12th March 2010 jointly is sued by the President as well as the Secretary of the Kuthuri Gaon Panchayat can celling the settlement of the Bandardubi Holla Beel made in favour of the petiti oner Samitee on 17th May 2003 for a period of 10 years with effect from 17th May 2003 to 16th May 2013. According to the petitioner, by the order dated 17th May 2003 the fisher y in question settled with it for the period from 17th May 2003 to 16th May 2013 cannot be cancelled without issuing any notice as has been done in the instant case. Mr Roy, learned State counsel, on the other hand, has submitted that und er the provisions of the Assam Panchayat Act, a fishery can be settled by the Pa nchayat authority for a period not exceeding one year and as such the order of s ettlement made in favour of the petitioner, which is the basis for claiming its right, is illegal being contrary to the provisions of the Act. Learned counsel for the respondent No.6 has also supported the contentio n of the learned State counsel. The petitioner claims its right on the basis of the order of settlement dated 17th May 2003 jointly issued by the President as well as the Secretary of the Kuthuri Gaon Panchayat settling the fishery in question for a period of 10 y ears with it with effect from 17th May 2003 to 16th May 2013. Under the Panchayat Act, a fishery can be settled by the Panchayat autho rity for a period not more than one year. The very basis on which the petitioner claims its right, i.e. the order of settlement dated 17th May 2003, is therefor e evidently contrary to the provisions of the Act and as such the petitioner can not claim any right on the basis of such an illegal order. In view of the above, the writ petition stands dismissed. The Respondent authority shall immediately initiate and complete the tender process for settle ment of the fishery in question in accordance with the provisions of law. The entire exercise is directed to be completed within a period of 45 days from today. During the aforesaid period of 45 days or till the order of settlement is made p ursuant to such tender process that may be initiated, whichever is earlier, the fishery in question shall be managed by the Anchalik Panchayat. The writ petition is accordingly dismissed. No costs.