KANTA ALIAS RAMAKANT Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rituvendra Singh, holding brief of Sri R.C. Singh, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents, Sri Hemant Kumar, appearing for respondent No. 4 and Sri Vijai Bhan Singh, holding brief of Sri M.N. Singh, learned counsel for the Gaon Sabha. Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 15.4.2013 passed by the Collector, Kushinagar, by which the petitioner's fishery lease has been cancelled.

(2.) Sri Singh contends that the order impugned, passed by the Collector, is without jurisdiction as no application could be entertain under sub-section (4) of section 198 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (in short, 'the Act').

(3.) On being confronted as to whether the Collector has power to cancel the fishery lease or not, Sri Singh states that the Collector has power to cancel the fishery lease in view of the Government order dated 17.10.1995 but not under the provisions of Section 198(4) of the Act.