LAWS(UTN)-2011-1-28

MATSYA JEEVI SAHKARI SAMITI LTD Vs. STATE

Decided On January 14, 2011
MATSYA JEEVI SAHKARI SAMITI LTD. Appellant
V/S
STATE AND OTHERS Respondents

JUDGEMENT

(1.) HEARD Learned Counsel for the parties.

(2.) BY means of this petition, the Petitioner has sought writ in the nature of certiorari quashing the impugned order dated 03 -04 -2010 (annexure -1 to the writ petition), whereby the lease was granted to Respondents No. 5 to 8 individually.

(3.) AFTER the expiry of the period of allotment i.e. 07 -03 -2010, the Petitioner society moved an application on 11 -12 -2009 (Annexure No. 7 to the writ petition), before Respondent No. 2 with a prayer that since the total consolidated area of the pond is more than 5 hectares, it is to be allotted to the Petitioner society as the Petitioner society alone is entitled for its allotment as per Government Order dated 04 -01 -1994. Despite of the facts that the plot numbers are adjoining to each other and the pond in question is a single unit and Petitioner had preferential right over the pond, it was allotted to Respondents No. 5 to 8 individually. The impugned order has been passed by the Respondent No. 2, without application of mind and without proper advertisement and information.