HAR NATH PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) Fisheries lease in respect of pond comprised in plot No. 302 area 0.372 hectares situate in Village Sului, Tehsil Rasara, District Ballia was granted to respondent No. 7 Vinod Ram son of Bramh Deo Ram through order dated 4.92004 passed by Deputy Collector approving the proposal of Tehsildar at annual rent/lagaan of Rs. 920/-. I disposed of the writ petition finally directing the petitioner to deposit Rs. 3,000/- as one year's rent before Deputy Collector and directing the Deputy Collector to call respondent No. 7 in his office and auction the pond in between respondent No. 7 and the petitioner and settle the lease in favour of highest bidder. This order was passed in view of readiness of the petitioner to take the lease on annual rent of Rs.3,000/-. The said order dated 27,9,2004 was passed by me without issuing notice to respondent No. 7 and granting him liberty to apply for recall of the order.

(2.) In view of the above permission this recall application has been filed. On 8.12.2004 directed both the parties i.e. petitioner and respondent No. 7 through their learned counsel to take part in auction in open court and fixed 13.12.2004 for the said purpose. Respondent No. 7 started the bid with Rs.5,000/- and thereafter it continued in the following manner:Respondent... No.7 Petitioner Rs. 5,000/-Rs. 6,000/- Rs. 7,000/-Rs. 8,000/- Rs. 9,000/-Rs. 10,000/- Rs. 11,000/-Rs. 12,0007- Rs. 13,000/-Rs. 14,0007- Rs. 15.000/-Rs. 16,000/- Rs. 17,000/-Rs. 18.000/- Rs. 19,000/-Rs. 20,000/- Rs. 21.000/-Rs. 22,000/- Rs. 23,000/-Rs. 24,000/ Rs. 25,000/-Rs. 26,000/- Rs. 27,000/-Rs. 28,000/- Rs. 29,000/-Rs. 30,000/- Rs. 31,000/-Rs. 32,000/- Rs. 33,0007

(3.) Petitioner expressed his inability to enhance the bid over and above Rs.33,000/- per hectare per year.