MATSYA JEEVI SAHKARI SAMITI LTD Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties. 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.

(2.) BRIEF facts of the case, as narrated in the writ petition are that petitioner is a co-operative Society, registered under the then U.P. Co-operative Societies Act, 1965 (now valid under Uttaranchal Co-operative Societies Act, 2003). As per provision of Section 129 of the Act, the petitioner society is engaged in Pisciculture/Fisheries work as per the Government Order. The petitioner society is of tehsil level, which includes every block (vikas khand) as per letter dated 04.05.1999, issued by Director, Fisheries. It is pleaded in para-5 of the writ petition that lease/patta was granted to the petitioner society after fulfillment of all the formalities, as required under law. Time period was with effect from 08.03.2000 till 07.03.2010. It is further pleaded that the pond, situated in Khasra No. 192, has a huge area of more than 5 hectare. Prior to consolidation proceedings, pond in question was subdivided in five different numbers (minjumla numbers). The old khasra number of the pond was 192, which was sub-divided into 192/1, 192/7, 192/6, 192/4, and 192/5. But in the revenue record, khasra No. 192 was shown as a consolidated number, consisting of one pond fully covered with water but during the consolidation proceedings, the khasra number of the pond were changed to plots No. 382, 385, 388, 389 and 390 respectively, whereas the area of the pond remained the same as it was earlier. It is further stated that all the plot numbers are covered with the water and there is no demarcation and boundaries in between, therefore, ponds cannot be treated as a separate unit.

(3.) IN the counter affidavit filed on behalf of respondents No. 5 to 8, in para-7, it has been stated that initially khasra No. 192, in consolidation proceedings were divided in 7 plot numbers i.e. 383, 384, which were reserve for abadi and khasra No. 385/1.7680 hectare, 388/1.0000 hectare, 389/0.2400 hectare, 390/0.40000 hectare, have been made from 'Johad' land, which is clear from the sajra. Copy of sajra has been annexed as annexure no. C.A. 1 to the counter affidavit. It is further stated in para-14 of the counter affidavit that as per G.O. dated 04.01.1994, it relates to the people of Machuwa Samuday and the petitioner's society is of tehsil level. Therefore, they cannot take benefit of G.O. dated 04.01.1994. In the counter affidavit, filed on behalf of respondents No. 2 and 3, above mentioned averments, have been taken in para-6, 7 and 10. In para-20 of the counter affidavit, it has been further stated that petitioner had an alternative remedy of appeal before the Commissioner in accordance with para 60(2) of the Gram Sabha Manual, therefore, on the ground of alternative remedy, the writ petition is liable to be dismissed.