JUDGMENT : VIJAY BISHNOI, J. 1. Matter comes up for consideration of application being I.A. No. 3177/2017 under Article 226 (3) of the Constitution of India filed on behalf of respondents for vacation of interim order dated 01.05.2017 passed by this Court, however, with the consent of the counsels for the parties, the matter is finally heard and is being decided today itself. 2. This writ petition is filed by the petitioner being aggrieved with the order dated 27.01.2017 (Annexure-5) issued by the respondent No. 2. The Fishing Development Officer, Rajsamand and the tender notice dated 22.03.2017 (Annexure-7) issued by Vikas Adhikari, Panchayat Samiti, Devgarh, District Rajsamand (for short 'the Vikas Adhikari' hereinafter). 3. Vide order dated 27.01.2017, the respondent No. 2 directed the Vikas Adhikari to invite tenders of fishing for Mansarovar Pond of Gram Panchayat, Daulpura for the year 2017-18 and to award contract, who vide tender notice dated 22.03.2017, invited tenders for 'C' & 'D' categories ponds, which include the Mansarovar Pond of Gram Panchayat Daulpura for the year 2017-18. 4. Learned counsel for the petitioner has contended that for the Mansarovar Pond of Gram Panchayat Daulpura, fishing contract has been awarded to the petitioner by the Gram Panchayat, Daulpura for the year 2015-16 vide order dated 19.06.2015. It is further contended by the learned counsel for the petitioner that the contract awarded to the petitioner was to remain in currency for a period of six years with a condition that the petitioner was required to deposit enhanced bid i.e. 10% for each consecutive year. It is submitted that the petitioner deposited the tender fee of Rs. 40,000/- for the year 2015-16 and subsequently, while adding 10% enhanced amount, he deposited Rs. 44,000/- on 06.02.2016 for the financial year 2016-17. It is also submitted that the petitioner has undertaken huge investment of around Rs. 6,00,000/- in getting the equipment installed and seeds for development of fish etc. 5. 40,000/- for the year 2015-16 and subsequently, while adding 10% enhanced amount, he deposited Rs. 44,000/- on 06.02.2016 for the financial year 2016-17. It is also submitted that the petitioner has undertaken huge investment of around Rs. 6,00,000/- in getting the equipment installed and seeds for development of fish etc. 5. Learned counsel for the petitioner has submitted that though the contract of fishing for the Mansarovar Pond awarded in favour of the petitioner by the Gram Panchayat, Daulpura is still in currency but the respondent No. 2 has directed the Vikas Adhikari to issue fresh tender for the said pond for the financial year 2017- 18 and the Vikas Adhikari, pursuant to the direction issued by the respondent No. 2 has invited the tenders for awarding contract of fishing for 'C' & 'D' categories ponds of Panchayat Samiti, Devgarh including the pond of Mansarovar for which the contract of the petitioner is in existence. It is argued that the said action of the respondent No. 2 and Vikas Adhikari is illegal and without jurisdiction and, therefore, the impugned order dated 27.01.2017 (Annexure-5) and the tender notice dated 22.03.2017 (Annexure- 7) to the extent of inviting tenders for 'C' & 'D' categories ponds including the Mansarovar Pond of Gram Panchayat Daulpura is liable to be set aside. 6. Learned counsel for the petitioner has also submitted that the Gram Panchayat, Daulpura has jurisdiction to award the contract of fishing as per section 50 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994' hereinafter) read with Rule 172 of the Rajasthan Panchayati Raj Rules, 1996 (for short 'the Rules of 1996' hereinafter). 7. Reply to the writ petition has been filed on behalf of the State, wherein it is claimed that as per the provisions of Rajasthan Fisheries Act, 1953 (for short 'the Fisheries Act' hereinafter) and the Rajasthan Fisheries Rules, 1958 (for short 'the Fisheries Rules' hereinafter) for the 'C' & 'D' categories of ponds transferred to the Panchayati Raj Institutions, only the Vikas Adhikari of the concerned Panchayat Samiti is having jurisdiction to invite tenders and to award contract. 8. It is argued by the learned counsel for the respondents that the Gram Panchayat, Daulpura has no jurisdiction to award contract of fishing to the petitioner for the Mansarovar Pond, which is a 'C' category pond and transferred to the Gram Panchayat Daulpura. 8. It is argued by the learned counsel for the respondents that the Gram Panchayat, Daulpura has no jurisdiction to award contract of fishing to the petitioner for the Mansarovar Pond, which is a 'C' category pond and transferred to the Gram Panchayat Daulpura. It is further contended that the Gram Panchayat has illegally awarded the contract of fishing to the petitioner for the Mansarovar Pond in violation of the provisions of the Fisheries Rules for which proceedings have already been initiated against the Gram Sevak and Sarpanch of Gram Panchayat Daulpura. 9. Learned counsel for the respondents has, therefore, prayed that in the above facts and circumstances of the case, it cannot be said that there is any illegality in issuance of the impugned order dated 27.01.2017 by the respondent No. 2 and there is also no illegality in the action of the Vikas Adhikari in inviting tenders of fishing for 'C' & 'D' categories ponds falling withing the Panchayat Samiti Devgarh including the Mansarovar Pond of Gram Panchayat, Daulpura. 10. Heard learned counsel for the rival parties. 11. It is to be noticed that though the petitioner has challenged the action of the Vikas Adhikari of issuance of tender notice for awarding of fishing contract for the 'C' & 'D' Categories ponds of Panchayat Samiti, Devgarh including the Mansarovar Pond of Gram Panchayat Daulpura, however, the Vikas Adhikari has not been impleaded as party respondent in this writ petition. 12. Now the question for consideration of this Court is whether the Gram Panchayat, Daulpura has any jurisdiction to award contract of fishing for the Mansarovar Pond. Learned counsel for the petitioner has argued that as per section 50 of the Act of 1994 and as per Rule 172 of the Rules of 1996, Gram Panchayat is empowered to award contract of fishing for any pond falling in the Gram Panchayat. 13. Section 50 of the Act of 1994 is regarding function and powers of the Panchayats, which has been specified in the First Schedule of the Act of 1994. Entry No. V. of the First Schedule reads as under: "V. Fisheries :- Development of Fisheries in the villages." Rule 172 of the Rules of 1996 reads as under: "Rule 172. 13. Section 50 of the Act of 1994 is regarding function and powers of the Panchayats, which has been specified in the First Schedule of the Act of 1994. Entry No. V. of the First Schedule reads as under: "V. Fisheries :- Development of Fisheries in the villages." Rule 172 of the Rules of 1996 reads as under: "Rule 172. Water reservoirs.-(1) It shall be duty of Panchayats to raise maximum own income from such water tanks/reservoirs which have been handed over or may be handed over to them. (2) The Panchayats may lease out tank water for fisheries development, Singhada cultivation, Kamal Jad production and sale of natural produce of trees on Tank banks by private contract or public auction. (3) Tank Bed Cultivation may also be given through public auction or private contract after competitive bidding. Desilting contracts of anicuts may also be given to cultivators to increase own income. (4) Panchayat shall also recover irrigation charges as per water rates fixed by Zila Parishad or Irrigation Departments in case irrigation is also done through water reservoirs in Panchayat area. (5) All such income shall be credited to Panchayat fund." 14. As per sub-rule (2) of Rule 172 of the Rules of 1996, the Panchayat may lease out tank water for fisheries development, Singhada cultivation, Kamal Jad production and sale of natural produce of trees on tank banks by private contract or public auction. 15. It is to be noticed that Entry No. V of the First Schedule of the Act of 1994 and sub-rule (2) of Rule 172 of the Rules of 1996 speak about fisheries development only and nothing is specifically provided regarding the award of contract of fishing in any pond of a Gram Panchayat. 16. The State Government has enacted Rajasthan Fisheries Act, 1953 and the preamble of the said act reads as under: "An Act to provide for the protection, conservation and development of Fisheries in the State of Rajasthan and other ancillary matter. Whereas it is expedient to provide for the protection, conservation and development of fisheries in the State of Rajasthan and for other ancillary matters." 17. Clause (e) of sub-section (3) of section 5 of the Fisheries Act empowers the State Government to make rules to regulate the grant of fishing licence, the fees payable there for and the conditions to be inserted therein. 18. Clause (e) of sub-section (3) of section 5 of the Fisheries Act empowers the State Government to make rules to regulate the grant of fishing licence, the fees payable there for and the conditions to be inserted therein. 18. The State Government while exercising powers under section 5 of the Fisheries Act has enacted the Rules of 1958. 19. It is to be mentioned that it is not in dispute that the Mansarovar Pond for which the contract has been awarded to the petitioner by the Gram Panchayat Daulpura is a 'C' category pond and is within the jurisdiction of Gram Panchayat, Daulpura. 20. Rule 5 of Fisheries Rules provides procedure for inviting tender/auction for 'A', 'B', 'C' & 'D' categories of water. Rule (5)(i) of the Fisheries Rules prescribes the procedure to be followed for leasing out waters transferred to the Panchayati Raj Institutions. Rule (5)(i) of the Fisheries Rules reads as under: "(5) (i) Following procedure shall be followed for leasing out of the waters transferred to Panchyati Raj Institutions:- (a) By 15th March of each year, a list of waters to be leased out, on the basis of average revenue during the last 3 years, shall be prepared by Chief Executive Officer of Zila Parishad for "B" category waters and by Vikas Adhikari of Panchyat Samiti for "C" and "D" category waters. (b) Prior to invite tender or auction in respect of water classified under different categories, the reserve price shall be estimated by the following committee:- (i) For Category "B" waters Chief Executive Officer, Zila Parishad Chairman District. Fisheries Officer Member Senior Most Accounts Officer Zila Parishad Member Secretary (ii) For Category "C" and "D" waters Vikas Adhikari, Panchyat Samiti Chairman District. Fisheries Officer or his nominee not below the rank of Fisheries Inspector Member Senior Accounts Personnel of Panchyat Samiti Member Secretary (c) The reserve price determined by the committee shall be made public. If the highest tender/bid is lower up to 10%, than the reserve price, the Chief Executive Officer/Vikas Adhikari may accept it. If the offered highest tender/bid is more than 10% lesser and up to 25% lower than the reserve price, the same may be accepted with the approval of Director Fisheries in case of "B" category waters and in case of "C" and "D" category waters such bids shall be accepted with the approval of District Collector. If the offered highest tender/bid is more than 10% lesser and up to 25% lower than the reserve price, the same may be accepted with the approval of Director Fisheries in case of "B" category waters and in case of "C" and "D" category waters such bids shall be accepted with the approval of District Collector. If the offered tender/bid is more than 25% lesser than the reserve price, the same may be accepted with the approval of Secretary, Fisheries. (d) The Chief Executive Officer in the case of "B" category waters and Vikas Adhikari in case of "C" and "D" category waters should complete, all the procedure for inviting tender/auction for fishing rights as far as possible before expiry of previous lease period. Highest tender/bidder shall have right of fishing only after acceptance of his tender/bid and grant of license in the form No. 3 A by Chief Executive officer in case of "B" category waters and by Vikas Adhikari in case of "C" and "D" category waters : Provided that :- (i) In some special circumstances, tender procedure can be adopted after 31st March. (ii) Registered Fishermen Cooperative societies, if participate in the tender/bid along with the other participants, shall be eligible for 5% price preference. (e) The Auction Committee constituted under clause (h) shall have right to reject any tender/bid offered without assigning any reasons. (f) All category of waters shall be leased out for a period of five years. The lessee shall have to pay cumulative increasing amount of lease money each year, such increase shall be 12% of the previous year's lease money. Accordingly 1/4th of the increased lease amount for coming year shall be deposited up to 31st January of the current year and rest 3/4th shall be deposited up to 15th March. (g) Tenders/Bids shall be invited at the Zila Parishad headquarters for the "B" category waters and Panchayat Samiti headquarter for C and D category waters. Accordingly 1/4th of the increased lease amount for coming year shall be deposited up to 31st January of the current year and rest 3/4th shall be deposited up to 15th March. (g) Tenders/Bids shall be invited at the Zila Parishad headquarters for the "B" category waters and Panchayat Samiti headquarter for C and D category waters. (h) Committees for tenders/auction shall be constituted as under:- (i) For "B" category waters Chief Executive Officer, Zila Parishad Chairman District Fisheries Officer Member Senior Most Accounts Officer of Zila Parishad Member Secretary (ii) For "C" and "D" category waters Vikas Adhikari, Panchyat Samiti Chairman District Fisheries Officer or his nominee (Not below the rank of Fisheries Inspector) Member Senior Most Accounts Personnel of Panchyat Samiti Member Secretary (ii) Not withstanding anything contained in sub-rule (1), waters of C and D category suitable for fish production and seed rearing, concerned Panchayati Raj Institutions may allot on approved terms and conditions for a period of ten years to Fish Farmers Development Agencies. The Fish Farmers Development Agency may further sub lease these waters as per terms and conditions in form No. 3-B to the trained fish farmers and preference shall be given to the members of Scheduled Castes, Scheduled Tribes, and Below Poverty Line families as per policy of the State Government. (iii) In case of cancellation of license, the water body shall be leased out afresh following the procedures as prescribed under the rules." 21. Rule (5)(i)(d) of the Fisheries Rules makes it clear that Vikas Adhikari of a Panchayat Samiti is empowered to complete all the procedure for inviting tender/auction for fishing rights for the 'C' & 'D' category waters. 22. This Court is of the opinion that as per above quoted provisions of Fisheries Rules only the Vikas Adhikari was empowered to award contract of fishing for the Mansarovar Pond of Gram Panchayat, Daulpura and the Gram Panchayat, Daulpura has no jurisdiction to award contract of fishing to the petitioner for the above mentioned pond in the year 2015. 23. In view of the above discussions, I do not find any illegality in the impugned order dated 27.01.2017 passed by the respondent No. 2 as well as in the action of the Vikas Adhikari, Panchayat Samiti, Devgarh, District Rajsamand of inviting tenders for 'C' & 'D' water categories including the Mansarovar Pond of Gram Panchayat, Daulpura. 24. 23. In view of the above discussions, I do not find any illegality in the impugned order dated 27.01.2017 passed by the respondent No. 2 as well as in the action of the Vikas Adhikari, Panchayat Samiti, Devgarh, District Rajsamand of inviting tenders for 'C' & 'D' water categories including the Mansarovar Pond of Gram Panchayat, Daulpura. 24. If the petitioner has suffered losses on account of illegal action of the Gram Panchayat, Daulpura of awarding him the fishing contract for the Mansarovar Pond, it is always open for him to seek compensation from the Gram Panchayat, Daulpura by initiating appropriate proceeding under the civil law. 25. Resultantly, this writ petition fails and is hereby dismissed. Ad interim stay order dated 01.05.2017 passed by this Court is vacated. Stay petition also stands dismissed. 26. Application (I.A. No. 3177/2017) filed under Article 226(3) of the Constitution of India stands disposed of. 27. There shall be no order as to costs.