RAMJEET Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Dr. Suman Kumar Yadav, Counsel for the petitioner, Mr. L.K. Tripathi, learned Additional Chief Standing Counsel for the State-respondents, Mr. Ranjeet Asthana, Counsel for respondent No.4 and Mr. Rameshwar Prasad, Counsel for respondent No.7-Land Management Committee.

(2.) Brief facts of the case are that on 9/7/2020 an advertisement was issued in pursuance of the order dtd. 2/7/2020 passed by respondent No.1 in respect to plot No.919 area 0.835 hectare and plot No.908 area 1.063 hectare situated in village-Bairadih @ Gambhirpur alongwith other plot situated in other villages of the District for fisheries right by way of auction to take place on 30/7/2020. According to the petitioner as stated in paragraph No.6 of the writ petition petitioner as well as respondent Nos. 8 and 9 appeared in the auction proceeding on 30/7/2020 and petitioner was the highest bider for Rs.30,000.00 per year accordingly petitioner deposited requisite amount on the due dates but respondent No.4 denied the averment made in paragraph No.6 of the writ petition. Respondent No.3 allotted the plot No.908 area 1.063 hectare to the petitioner on 13/8/2020 for fisheries right for 10 years on rent of Rs.30,000.00 per year. On 24/8/2020 an agreement was executed between Land Management Committee and petitioner for the period 13/8/2020 to 12/8/2030. Respondent No.4 filed an appeal under Rule 59 of U.P. Revenue Code Rule 2016 along with application under Sec. 5 of Indian Limitation Act before Collector against the allotment dtd. 13/8/2020 with respect to plot No.908 area 1.063 hectare (pond) . State filed an objection in the aforementioned appeal. Petitioner also filed his objection before Collector stating that respondent No.4 has no locus to challenge the allotment of the petitioner due to reason that Respondent No.4 has not participated in the auction proceeding. Respondent No.2 heard the aforementioned appeal and vide order dtd. 31/10/2022 allowed the appeal and set aside the allotment dtd. 13/8/2020 which was made in favour of petitioner hence this writ petition.

(3.) This Court on 19/12/2022 passed the following order:-