ISHTIYAQUE AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) The facts, pieced together from scattered sources in file are : On 15-11-1985 a camp at Tahsil is organised for auction of fishing rights in tanks. On Ishtiaq Ahmad's is the highest bid at Rs. 4310.00 for allotment of khasra Nos. 11/1-6440 and 125/2-4173 hectares. The then Sub-Divisional Officer Shri Bramahanand has accepted the bid ; has executed a lease of fishing rights for 10 years. This grant of lease was backed by recommendation of Tahsildar Sardhana, Shri Vishal Srivastava. Lease executed, Ishtiaq Ahmad engages in rearing fish.

(2.) On 7-2-1987 villager's complain to Collector, Meerut that lease is without support of a resolution of L.M.C., that it has been executed at Tehsil by a collusive action. That there is only one tank which could not appropriately be leased out. For cattle to drink water and the soil for house repairs is no more available. Also the grievance is intense that an area of 2 biswas ; a deity's abode, has been annexed in area by Ishtiaq Ahmad, the contractor. The relief to cancel the lease is prayed for. On 19-2-1987 Collector orders : "such an allotment be cancelled A report be submitted within 15 day's respecting persons who are involved in this allotment."

(3.) The process begins. On 28-4-1987 additional Collector directs issues of show cause notice. On 28-7-1987 Ishtiaq Ahmad submits a reply that process at the instance of Sub-Divisional Officer has been regular a lease for 10 years at Rs. 10,000.00. On 6-9-1985 he has deposited Rs. 1,000.00 and receipt is in order. That he has spent Rs. 15,000.00 in rearing fishes. Now a new action for no reason has been announced. That Sub-Divisional Officer alone can throw light whether Pradhan was informed or not ; whether L.M.C. has passed a resolution or not. The relief to dismiss the complaint is prayed for.