BHOLA Vs. STATE OF U P

JUDGEMENT

(1.) The dispute in the instant writ petition relates to grant of lease of fisheries right in respect of a pond comprised in plot Nos. 1170 (2.063 hectares) and 1233 (2.063 hectares) total area 4.126 hectares. Land Management Committee through resolution dated 28.10.2003 granted the lease in favour of the respondent No. 5 Matsya Jeevi Sahkari Samiti for ten years for Rs. 15,000 (Rs. 1,500 per year). The resolution was approved by Deputy Collector/S.D.O. Naraini, District Banda on 20.12.2003. Petitioner has challenged the said resolution and its approval through this writ petition. On 13.9.2004, the Court passed an order proposing to auction the pond in question in between petitioner and respondent No. 5 in Court and directed their respective learned counsel to seek instruction from their clients in this regard. Today the auction was held in Court. The bids for annual rent/premium for fisheries lease in respect of the pond in question proceeded in the following manner : Petitioner Respondent No. 5 Rs. 15,000 Rs. 20,000Rs. 21,000 Rs. 25,000Rs. 26,000 Rs. 27,000Rs. 28,000 Rs. 29,000 Rs. 30,000 Rs. 31,000 Rs. 32,000 Rs. 33,000Rs. 40,000 Rs. 45,000Rs. 46,000 Rs. 47,000Rs. 50,000 Rs. 51,000Rs. 52,000 Rs. 55,000Rs. 60,000 Rs. 61,000

(2.) The bids were made on behalf of their respective clients by Sri W.H. Khan, learned counsel for the respondent No. 5 and Sri Ganga Bhushan Mishra, learned brief holder of Sri V. M. Zaidi. learned counsel for the petitioner. Learned counsel for the petitioner expressed inability of his client to increase the bid from Rs. 61,000 per year.

(3.) In the authority of Supreme Court in Ram and Shyam Co. v. State of Haryana, AIR 1985 SC 1147, auction of lease-hold rights in respect of a quarry in between appellant and respondent No. 4, rival claimants, was held in open Court.