JAY PRAKASH SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri A.K. Singh and Sri B.N. Singh Srinet, for the petitioner, Standing Counsel for State of U.P. and Sri Tariq Maqbool Khan, for respondent -4.

(2.) THIS writ petition has been filed for quashing the order dated 20/27.10.2014 passed by Deputy Collector, allowing the petitioner to catch fishes in pond up to November, 2014, on deposit of Rs. 16900/ -.

(3.) IN pursuance of the aforesaid order, the petitioner filed an application before Sub -Divisional Officer, Kasya, who by order dated 18.07.2007 approved the auction of the petitioner for a period of ten years. However, Pradhan was creating hindrance and stating that period of ten years was up to 06.06.2014 although from the date of approval, period of ten years is up to 17.07.2017. Pradhan also moved an application in this respect before Tahsildar, who by order dated 03.09.2014, directed Station House Officer of local Police Station to stop the petitioner from catching fishes from the pond in dispute. The petitioner, then filed a representation before Sub -Divisional Officer against the order of Tahsildar. On this application a report was called for from Tahsildar. Revenue Kanoongo submitted his report dated 11.09.2014, mentioning therein that terms of the lease of the petitioner was up to 06.06.2014. The petitioner filed Writ -C No. 50222 of 2014, claiming that he had fisheries right up to 17.08.2017, which was disposed of by order dated 18.09.2014, directing the petitioner to file a fresh representation before Deputy Collector, who was directed to decide it by a reasoned and speaking order. Then the petitioner filed a representation on 29.09.2014. Pradhan, also filed her affidavit on 28.10.2014 stating therein that the petitioner was permitted to exercise fisheries right only after approval of auction on 18.07.2007. The petitioner also filed an application before Deputy Collector on 01.10.2014 for supply of the lease deed to him. However, Deputy Collector, by the impugned order dated 20/27.10.2014 allowed the petitioner to catch fishes up to November, 2014, on deposit of Rs. 16900/ -. Hence this writ petition has been filed.