BHAGWAN DEEN Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard learned counsel for the petitioner Sri Mohammad Arif Khan and learned counsel for the concerned Cooperative Societies, Opposite Parties nos. 4 and 5, Sri V. C. Verma and also learned Standing Counsel.

(2.) WE agree with the learned counsel for the opposite parties that although fisheries have been vested in Gaon Sabha, such vesting is only for the purpose of management while the proprietary rights continued to vest in the State. Accordingly the State Government has full powers to lay down in what manner the fishery rights shall be disposed of from time to time.

(3.) WE are unable to agree with the learned counsel for the petitioner that the provisions in the Gaon Sabha Manual to the effect that there should be auction of fishery rights and that Cooperative Societies should only be given preference and that local fishermen should have a preference at bidding auction still holds the field. The GOs' dated 30-5-81 and 22-10-81 clearly lay down that whereever possible cooperative societies of fishermen should be established and where such societies are available and willing to take fishery rights on lease on the basis of average income of preceding three years then auction should not take place. It clearly implies that the provisions of Gaon Sabha Manual relating to auction would hold good only where such societies are not available or not willing to take fishery rights on lease.