JUDGMENT : BISWANATH SOMADDER, J. 1. By consent of the parties, the appeal is treated as on day’s list and taken up for consideration along with the application for stay. 2. The instant appeal arises out of an order dated 12th October, 2018, passed by a learned Single Judge in WP 20759 (W) of 2018 (Santapur Bangabati Matshajibi Samabai Samity & Anr. vs. The State of West Bengal.). 3. By the impugned order, the learned Single Judge disposed of the writ petition as follows:- “Essentially, the petitioners, the second highest tenderer, seek direction upon the authorities to confirm the tender in favour of the petitioners, although it is the second highest tenderer. A considerable period has elapsed since the date of the tender. It is open to the authority concerned to consider a fresh tender. W.P. No.20759 (W) of 2018 is disposed of.” 4. The instant appeal has been preferred by the writ petitioners, namely, Santapur Bangabati Matshajibi Samabai Samity and one Mostapha Hossen. 5. The issue before the learned Single Judge was an order dated 12th February, 2018, passed by the District Magistrate, Malda. The said order was passed consequent upon a judgment and order dated 11th January, 2018, rendered by a Division Bench of this Court presided over by one of us (Biswanath Somadder) in FMA 50 of 2018 (MAT 1282 of 2017) with CAN 7461 of 2017. 6. For the purpose of deciding the instant appeal, we need to take notice of the relevant portion of the said judgment and order dated 11th January, 2018, which reads as follows:- “On 16th November, 2017, this Court had directed the District Magistrate, Malda, to conduct an independent enquiry in order to ascertain as to whether there was any functional fishery ‘Self-Help Group’ under Ratua-I Block, Malda, as on 25th April, 2017. A report which has been filed before us by the District Magistrate, Malda, in this regard clearly reveals that no fishery related Self-Help Group was operational in Ratua-I Block, as on 25th April, 2017. Taking this aspect into consideration, we are of the view that the impugned judgment and order passed by the learned Single Judge cannot be sustained. A report which has been filed before us by the District Magistrate, Malda, in this regard clearly reveals that no fishery related Self-Help Group was operational in Ratua-I Block, as on 25th April, 2017. Taking this aspect into consideration, we are of the view that the impugned judgment and order passed by the learned Single Judge cannot be sustained. The reason is, the learned Single Judge while proceeding to dismiss the writ petition had relied upon a certificate issued by the concerned Block Development Officer dated 8th June, 2017, which was subsequently endorsed on the next date i.e. on 9th June, 2017, by the Assistant Director of Fisheries, Malda. This certificate stated that Samsi Fishery SHG, being the private respondent no.7 herein, was engaged in fishery related cultivation. However, the specific report of the District Magistrate, Malda, as stated earlier, is to the contrary. In such circumstances, while setting aside the impugned judgment and order dated 11th July, 2017, passed by the learned Single Judge, we dispose of the writ petition with a direction upon the District Magistrate, Malda, to pass appropriate order in respect of the tender notice dated 5th May, 2017, insofar as it related to serial no.60 & 62 ‘Jalkar’. The appeal and the application for appropriate order stand disposed of accordingly.” 7. The District Magistrate, Malda - although referring to the proceedings before the Division Bench, which culminated in the judgment and order dated 11th January, 2018 - has proceeded to direct issuance of fresh tender notice for settlement of the two ‘Jalkars’ under serial nos. 60 & 62 stating this to be compliance of the Court’s order. However, we do not find from a plain reading of the order of the District Magistrate, Malda, dated 12th February, 2018, any justifiable reason as to why a fresh tender notice was at all required to be called for in the facts of the instant case. Rather, from a plain reading of the judgment and order dated 11th January, 2018 - relevant portion whereof has been reproduced hereinbefore - there was perhaps no necessity for calling a fresh tender once it was found out that Samsi Fishery Self-Help Group was not associated with cultivation of pisciculture and the lease in favour of the Samsi Fishery SHG having been terminated consequently. 8. 8. In such circumstances as stated above, we direct the District Magistrate, Malda, to revisit the order dated 12th February, 2018 and pass an appropriate order - either afresh or in modification thereof. 9. The entire exercise in terms of this order shall be completed by the District Magistrate, Malda, as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from the date of communication of a photostat certified copy of this order. 10. The appeal along with the application for stay stands disposed of accordingly. 11. Urgent Photostat certified copy of this order, if applied for, be given to the parties. Arindam Mukherjee, J. : I agree.