TASBEER AHMAD Vs. CIVIL JUDGE, ETAWAH AND ORS.

JUDGEMENT

(1.) On 30th May, 1981, the State Government issued a Government Order providing for letting out fishery rights to the small Cooperative Societies formed at the village level. This system was initially implemented in six districts of Uttar Pradesh. By an order dated Oct. 22, 1981, the State of Uttar Pradesh applied this system of letting out to the district of Etawah also. Before 22nd Oct., 1981, the Collector wrote a letter to the State Government on 26th Sept., 1981 that the Co-operative Societies could not be formed within the time specified in the Government Order dated 30th May, 1980. He also indicated that there was only one Co-operative Society of the local fishermen. On 1st Oct., 1981, the State Government wrote to the District Magistrate that as the formation of a Cooperative Society on the lines directed by the State Government Order dated 30th May, 1981 was likely to take some time, the Collector could let out the fishing rights to Etawah Sahkari Mataya Jiwi Samiti Ltd. Etawah from Paras to Takrapura in accordance with the old procedure for a period of three years. But before letting out, the fishing right to the said Co-operative Society, the Collector was directed to ascertain that the said Society consisted of fisherman and was a genuine one. On 13th October. 1981, the Collector informed the Society that the fishing right for the year 1981-82 had been given to it on the condition of payment mentioned therein. It was specifically said in Para 3 of this letter that the letting out of fishing right was subject to approval of sanction of the State Government and in the event of State Government not approving the same, the lease would be liable to be cancelled without any notice. On 14th Oct., 1981, the State Government sent a rediogram to the Collector for not giving effect to the decision to let out the fishing right to the aforesaid Co-operative Society. The Government was, since of the opinion that the Society was not a genuine Society of fisherman, it required the District Magistrate to acquire into the said allegation and stopped the Collector from granting the Patta to the Society till further orders. By order, dated 27th Nov., 1981, the State Government wrote to the Collector that since Etawah Sahkari Mataya Jiwi Samiti belonged to a single family and its relations not belonging to the fishing community, the Government was unable to approve the transaction. The Government directed the Collector to terminate the lease and to auction the fishing right in accordance with the existing practice till genuine Co-operative Society of Mallahs/Kewats as contemplated in Government Order was properly constituted. Upon the receipt of the aforesaid letter from the State Government, the Collector, on 29th Nov., 1981, informed the aforesaid society that in view of the disapproval of the sanction, his order dated 13th October, 1981 by which the Theka was proposed to be given to the Society, was cancelled with immediate effect i.e. from 29th Nov., 1981. Etawah Sahkari Mataya Samiti, thereafter, filed a writ petition in this Court which was numbered as Writ No. 14494 of 81 for the relief of certiorari quashing the Government Order dated 29th Nov., 1981 and the Order of the Collector dated 29th Nov., 1981. The writ petition was accompanied with an application for stay. On 4-12-1981, this Court passed the following order

(2.) On 4th Dec., the Society also filed suit no. 57 of 81 in the Court of the Civil Judge Etawah for injunction restraining the defendants from interfering with the possession of the Society over the five water portions of Jamuna river. On this date, the appellant before us, moved an application before the Civil Judge for being impleaded as a party. The Civil Judge did not allow the application of the appellant and granted him time to file certain papers.

(3.) On 7th Dec., 1981, the auction took place. The appellant was the highest bidder for water petition no. 1 i.e. from Parnat to Kachaura Ghat, His bid being highest was accepted and he was asked to deposit one fourth of the amount which was done on the same date. All the four portions were also auctioned along with portion No. 1 which were taken by different persons. The Civil Judge fixed as many as fifteen dates for disposing of the injunction matter. By the impugned order the Society right to continue in possession was accepted. Being aggrieved, the appellant has filed the present appeal.