RAMJI Vs. COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel.

(2.) Challenge in this petition is the order passed by the Commissioner, Gorakhpur Division, Gorakhpur, dated 22.11.2002 by which the approval as was given for fisheries rights in favour of the petitioner was cancelled and disapproval in respect to the claim of fisheries rights in favour of the opposite party was also maintained.

(3.) The claim of the petitioner relates to grant of the lease for fishing rights for a period of ten years. It is claimed that initially resolution was passed in favour of the petitioner which was recommended also by the Tehsildar on 12.9.2001 that petitioner be given the lease for fishing purpose in the pond in question at a premium of Rs. 1,020 per annum. Recommendation/claim relates to two ponds, i.e., Pond No. 202 Gha (238 air) and 275 (530 air). The recommendation in favour of the petitioner was accepted by the Sub-Divisional Officer on 16.9.2001 against which the respondent No. 4 preferred revision in which the impugned order dated 22.11.2002 by the Commissioner, Gorakhpur Division, Gorakhpur, came to be passed.