RAJASTHAN MATSYA VYAVASAYEE SANGH Vs. STATE

JUDGEMENT

(1.) A short, but interesting question arises for decision in this writ petition. The question is, as to whether the Rajasthan Fisheries (Amendment) Rules, 1990 are liable to be struck down on the ground that the same have not been framed in accordance with the provisions of Section 5 of the Rajasthan Fisheries Act, 1953 (hereinafter to be referred as '1953 Act').

(2.) The petitioner is a society registered under the Registration of Societies Act, 1958. The society through its Secretary Alladin has filed this writ petition. The petitioner-society claims to be representing the interests of the poor fishermen including their co-operative societies spread all over the State.

(3.) According to the averments made in the petition, the respondent No. 1 published draft amendment in the Rajasthan Fisheries Rules, 1958 vide Notification published in the Rajasthan Gazette (Part III-B) dated 11/09/1990 inviting objections to the proposed Amendment in the Rules, within a period of 7 days from the date of publication. The draft amendment was actually not published on 11-9-1990, but was published on 14-9-1990. Having come to know about the contemplated amendment, representations were made to the State Government on 6-9-1990. A copy of this representation was furnished to the respondent No. 2, namely, the Director of Fisheries on 11-9-1990 and objections were raised against the proposed amendment. Two more representations/ objection petitions were submitted to the State Government on 21-9-1990 i.e. within the stipulated period of 7 days from the date of publication of the notification on 14-9-90. These representations were received by the respondents on 21-9-1990. According to the averments made in the petition, a news item was published in the daily Newspaper 'Rashtra Doot' of 4/10/1990 containing a statement that the amendments in the Rajasthan Fisheries Rules, 1958 have been published in the Official Gazette of 11-9-1990 and the same have been finalised as no objection had been received against the proposed amendments. After reading the said news item, the Secretary of the petitioner society and others went to the office of the respondent No. 2 on 4-10-1990 to procure the copies of the amended Rules. But the officers of the Department informed the Secretary of the petitioner and others that the Gazette notification amended rules has not been published so far. The Secretary of the petitioner and others visited the office of the respondent No. 2 on 4th and 5/10/1990 and demanded tender forms along with information regarding fixation of reserve price of each Bandh/Bandhas scheduled for auction on 10th, 11th and 12/10/1990. However, they were told that neither tender forms are ready nor the reserve prices have been fixed. Further averment of the petitioner is that without making available the tender forms and without making public the reserve price so fixed for such Bandha the respondent No. 2 invited tenders for auctioning the fishing rights for the financial year 1990-91 vide Tender Notice No. F.2(7) / Accounts / Theka/ 90-91/ 19191 dated 20-9-1990 presumably under the amended Rules, 1990. The petitioner has raised legal submissions to challenge the legality and constitutionality of the Rajasthan Fisheries (Amendment) Rules, 1990.