PRITHVI NATH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner has sought to quash the entire auction proceedings in regard to settlement of fisheries rights in favour of respondent No. 6.

(2.) THE version of the petitioner is that he is a fisherman by caste and was granted fisheries rights in respect of the plots in question covering an area 62.43 acres situate in village Matiyariya, Block Siswa, Tehsil Nichlaul, district Mahrajganj on 2381991 for 10 years. The period came to an end on 2382001. The Naib Tehsildar, tehsil Nichlaul, district Mahrajganj, respondent No. 4 auctioned the pond in question for fisheries rights in favour of respondent No. 6 on 2112001 and it has been approved by the SubDivisional Magistrate, Nichlaul, district Mahrajganj on 3112001 for a sum of Rs. 3,04,000/ for ten years.

(3.) THE fisheries rights in respect of a pond situate in village is granted in accordance with the Government Orders and directions issued under Section 126 of U.P. Zamindari Abolition and Land Reforms Act, 1950. The Government had, from time to time, issued orders in this respect. The Government by its order dated 251981 provided the manner of allotment of fisheries rights to various applicants. It gave preference to certain person and societies. This was amended by Government Order dated 17101995. It provides that in case the area of a pond is more than 2 hectares, the preference in allotment shall be given to the registered Cooperative Society and duly approved by the fisheries department of the State Government and registered in the Gram Panchayat concerned.