Debi Prosad Pal, J. - (1.) The dispute in the present case centres round the settlement of Dadpur Baur Fishery (hereinafter referred to as the said Fishery) within the P. S. Beldanga, District -- Murshidabad. The petitioner is Lalgola Padma Fishermen's Co-operative Society Ltd. registered under the Bengal Cooperative Societies Act, 1940. It is stated that 98 per cent, of the members of the Society are bona fide fishermen. The settlement of the said Fishery has a chequred history. By an Indenture dated 1st April, 1963, the petitioner was appointed as a lessee of the said Fishery by the State of West Bengal at an annual rental of Rs. 13,000/-. The said lease was granted by the State for a fixed term of one year which was to expire on or about 15th April, 1964. Before the expiry of the said term of the lease, one Sm. Maya Debt filed a writ petition in this Court and oblained a rule being C. R. 70(W) of 1963. The petitioner was respondent No. 5 in the said rule. It is stated in the affidavit of Sri Satyesh Chandra Chakravarty filed on behalf of respondents Nos. 1 to 5, 7, 9 and 10 that the petitioner obtained an order of injunction in the said rule and continued to remain in possession of the said Fishery even after the said lease expired by efflux of time. The said Civil Rule No. 70(W) of 1963 was ultimately discharged by Chittatosh Mukherji, J. on 16th May, 1972. In view of the interlocutory orders made from time to time in the said Civil Rule 70(W) of 1963 the petitioner remained in possession of the said Fishery from 1370 B. S. to 1378 B. S. on making payment of the same annual rent of Rs. 13,000/-, which was stipulated in the Indenture dated 1st April, 1963. As a result of the order made by Chittatosh Mukherji, J. the petitioner's right, title and interest in the said Fishery came to an end after the expiry of 1379 B. S. On 31st Chaitra, 1379 B. S. the possession of the said Fishery was taken over by the State Government on the expiry of the year 1379 B. S.
(2.) It appears that thereafter the said Fishery was provisionally settled with Andiran Fishermen's Society for the year 1380-81 B. S. at an annual rent of Rs. 16,000/-. The said Andiran Fishermen's Society made a deposit of Rs. 16,000/- on 13th April, 1973. On the next day, i. e. 14th April it was put into possession. The provisional settlement of the Fishery given to Andiran Fishermen's Co-operative Society was challenged by the petitioner in a writ petition. Andiran Fishermen's Co-operative Society also moved an op-plication under Article 226 of the Constitution and obtained a Civil Rule 919(W) of 1973. Andiran Fishermen's Co-operative Society was respondent No. 8 in the application filed by the petitioner. By an order dated 10-5-1973 Anil Kumar Sen, I disposed of both the matters setting aside the provisional settlement of the said Fishery made in favour of Andiran Fishermen's Co-operative Society. The learned Judge gave the following directions while disposing of the said applications : (1) The Additional Collector will now go on to take steps without least delay to settle the said Fishery strictly in accordance with the Regulation 273 of the West Bengal Government Estates Manual, 1953 (hereinafter referred to as the Estates Manual). (2) Andiran Fishermen's Co-operative Society would hand back possession of the disputed Fishery for such fresh settlement in accordance with law to the Additional Collector forthwith. On such possession being back, the Additional Collector should refund the entire sum of Rs. 16,000/- to the said Andiran. Fishermen's Co-operative Society. (3) The Additional Collector should complete the procedure for settlement as early as possible in accordance with law and in any event within a month from the date of the order. In the meantime possession therein would be retained by the Collector himself.
(3.) Pursuant to the said directions of the learned Judge the Additional Collector, Land Reforms, Murshidabad issued a fresh tender notice on 14th May, 1973 for settlement of the said Fishery for the year 1380 B. S. A copy of the said tender notice has been annexed to the petition being annexure 'F'. The petitioner in response to the said tender notice submitted a sealed tender on 24th May, 1973. In the said tender it was stated that in the absence of any indication as regard reserve price of the said Fishery in the tender notice, the petitioner could not quote the exact amount of the annual rent that may be offered by it for the proposed settlement. The petitioner however stated that it was ready to pay annual rent of any amount as may be fixed by the authority as the reserve price equivalent to the economic rent of the fishery in question. The petitioner? states that the Assistant Registrar, Co-operative Societies, Murshidabad by a letter dated 22nd May, 1973, requested the Additional District Magistrate, Land Reforms, Murshidabad, for settlement of the said Fishery with the petitioner. It was also stated in the said letter which is annexure 'G' to the petition that the tender notice was incomplete as the reserve price of the Fishery in question had not been mentioned therein. It appears from paragraph 29 of the affidavit of Satyesh Chandra Chakraborty that Saktipore Ram-para Fishermen's Co-operative Society Ltd. being respondent No. 11 offered Rs. 52,500/-and had paid already Rs. 13,125/- on 29th May, 1973. The Board of Revenue, West Bengal, by its letter dated 7th June, 1973, has accorded sanction to the settlement of Dadpur Baor Fishery at an annual licence fee of Rs. 50,500/- for three years with effect from 1380 B. S. with the respondent No. 11. The petitioner being aggrieved by the issue of the tender notice being annexure 'F' and the settlement of the said Fishery with respondent No. 11 has challenged the said settlement in this rule.;