JUDGMENT : Sudhanshu Dhulia, C.J. 1. Heard Mr. J.I. Borbhuiya, learned counsel for the appellants. Also heard Mr. T.C. Chtuai, learned Additional Senior Government Advocate, Assam for the respondents. 2. In the State of Assam a fishery would mean the waters declared as a fishery, by proclamation under Section 16 of the Assam Land and Revenue Regulation, 1886 which would include "Kheos" or fish ways, "pobas" and "Beels". Rule 1 of the Assam Fishery Rules, 1953 (for short, referred to as the "Rules") is quoted as under:- "1. Definition. - In these rules, unless there is something repugnant in the subject or context- (a) the term "fishery" means the waters declared to be a fishery by proclamation issued under Section 16 of the Assam Land and Revenue Regulation, 1886(I of 1886) and includes Kheos or fish ways, Dobas and Beels; and "fish" includes shell-fish and turtles; (b) the term "year" means twelve months from the 1st April, to the 31st March." 3. All the same, for the sake of convenience we would use only the term "fishery" as "fisheries" in the present order. 4. The Rules inter - alia recognizes rights of fishing communities in Assam and for its purposes. It lays down that such communities whether in form of a cooperative society or individual, will have the first charge on these lakes, water bodies as far as fishery is concerned: Rule 12, particularly important which reads as under: "["12. 4. The Rules inter - alia recognizes rights of fishing communities in Assam and for its purposes. It lays down that such communities whether in form of a cooperative society or individual, will have the first charge on these lakes, water bodies as far as fishery is concerned: Rule 12, particularly important which reads as under: "["12. Except those referred to in sub-rule No. 8(b) above, all registered Fisheries shall be settled under tender system of sale in place of sale auction:] 1[Provided that the Government shall settle a 60% category fishery with special category of co-operative Societies, Non-Government Organizations and Self Help Groups consisting of 100% actual fishermen in the neighbourhood of the fishery concerned by the Tender System] [1Substituted the existing "Proviso" in Rule 12, vide Notification No. FISH.2/2000/171 dated 31st March, 2005 (w.e.f. 8th April, 2005) Note-Before substitution of "Proviso in Rule 12 read as follows- "Provided that the State Government may settle any registered fishery otherwise than under tender system with Fishery Co-operative formed with 100 percent actual fishermen of the fishing population in the neighbourhood of the fishery concerned and belonging to the Schedule Caste of the State of Maimal Community of the Cachar District at a revenue calculated and for a period decided by the State Government from time to time.] Explanation 1: For the purpose of this rule, the words "special category" means and includes the Co-operative Societies, Self Help Groups, Non-Governmental Organizations comprising 100% actual fishermen of the Schedule Caste community or Maimal community of erstwhile Cachar district. Who cannot participate in competitive bidding because of poor financial condition due to famine, flood, draught, epidemic of any other circumstances which are beyond control of the society, non-Governmental Organization or Self Help Groups as the case may be; Explanation 2:- For the purpose of this rule "a 60% category fishery" means 60% of registered fisheries available in a Civil Sub-Division eligible for settlement in a particular year.]" 5. We are presently concerned with the fishery rights regarding No. 11 Part-V Kalong Nadi Anchalik Meen Samabai Samity Limited of Morigaon District, which comes under the 60% category. We are presently concerned with the fishery rights regarding No. 11 Part-V Kalong Nadi Anchalik Meen Samabai Samity Limited of Morigaon District, which comes under the 60% category. The settlement in this case was being made in favour of a cooperative society of a fishing community but since the present writ appellants/petitioners had a better right over other cooperative society inasmuch as though both the cooperative societies have as its members of fishing community but the petitioner society is a society of the neighbourhood area, and therefore, had a better claim for having fishing rights in No. 11 Part-V Kalong Nadi Anchalik Meen Samabai Samity Limited of Morigaon District. This is particularly in terms of the proviso 2 Rule 12. Since the rights were being settled in favour of another cooperative society which was not from the neighbourhood, the same was challenged by the writ appellants/petitioners before this Court in WP(C) 439/2019 which was allowed. The matter was taken in the writ appeal which was dismissed. Meanwhile, the fishing rights was not given in favour of any person and Fishery Department initiated a fresh process in the year 2019 by issuing fresh NIT which was challenged by the petitioners before this Court who claim that the right be given to them on the same terms and conditions as they had raised before the Fishery Department. The learned Single Judge was of the opinion that the initial procedure was initiated in the year 2015 and since this is 2019 it cannot be given on the same value. Aggrieved by the said order of the learned Single Judge, the appellants have filed this writ appeal. 6. Purely in order to bring the matter to an end and being conscious of the rights which the law gives to the members of a fishing community, particularly the proviso 2 Rule 12, we hereby direct that the Fishery Department shall initiate a fresh process by giving a tender notice by a minimum reserve price, as directed by the learned Single Judge. All the same, if the petitioners/writ appellants claim as a cooperative society of members of fishing community being the only such cooperative society of the neighbourhood area is true then the settlement has to be made in their favour in terms of proviso to Rule 12 7. Let the necessary conditions be intimated and notice be given within one month from today. 8. Let the necessary conditions be intimated and notice be given within one month from today. 8. It is made clear that although revenue is an important factor for giving fishing rights but once there is a cooperative society which has its member of fishing community and is of the same neighbourhood then such a society will have the first claim over the fishing rights, and their claim shall not be rejected purely on the ground that it is generating less revenue. 9. The present appeal is disposed of in the above terms.