KAMLA KANT PATHAK Vs. CHIEF REVENUE OFFICER DEORIA

JUDGEMENT

(1.) R. H. Zaidi, J. This petition was put up before me on 27-7- 2000. Learned Standing Counsel prayed for and was granted 24 hours' time to seek instructions and to produce relevant Government Or ders, if any, with respect to grant of fishing rights before the Court.

(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 23-5-2000, passed by the respondent to settle the fishing rights in favour of any member of community of fisherman and the order dated 2-9-1997 passed by the respondent No. 2 to settle the aforesaid right in accordance with the Government Orders in favour of any member of community of fishermen.

(3.) ON the other hand, learned Counsel for the respondent submitted that in view of the Government Orders issued from time to time and in view of the decision of this Court, lease of fishing right can be settled by public auction only. In support of his submission reliance was placed upon the decision of the Division Bench of this Court in the case of Panchoo v. The Collector/the District Magistrate, Gorakhpur and others, reported in 1999 RD186.