HASHIM Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard Sri K.S. Amist, learned counsel for the petitioner, learned Standing Counsel appeared on behalf of respondents no. 1, 2, 3, 4 and 5, Sri Ramendra Asthana, learned Advocate, appears for respondent no. 6 and Mohd. Isa Khan, learned counsel, appears on behalf of respondent no. 7.

(2.) By means of the present petition, the petitioner has challenged the order dated 27.7.2007, Annexure-9 to the writ petition, passed by the Commissioner, Allahabad Division, Allahabad whereby the Theka settled in favour of the petitioner regarding fishery rights over Pond No. 819 situated in Nagar Panchayat Lalgopalganj, Allahabad has been cancelled and further the consequential order dated 3.8.2007, passed by the Additional District Magistrate, (Administration), Allahabad whereby a direction has been issued for the fresh auction.

(3.) Brief facts of the case are that the petitioner was a Class-IV Central Government employee in the Postal Department in the year 2007. He retired in the month of January, 2008. The petitioner participated in an auction held for the fishery operation of the Pond No. 819 on 24.5.2007 at 3.00 PM. Being the highest bidder, the bid of the petitioner has been accepted and a lease of the said Pond No. 819 of Nagar Panchayat Lalgopalganj, Tehsil Soraon, Allahabad has been executed by Nagar Panchayat, Lalgopalganj, Allahabad through the Chairman, Nagar Panchayat, Lalgopalganj, Allahabad for the period of ten years for the purpose of fishery operation. The copy of the lease deed is Annexure-7 to the writ petition. It appears that complaint has been made by respondent no. 7 about the various irregularities committed in granting the lease in favour of the petitioner. On which enquiry was made and a report was submitted by the Sub-Divisional Magistrate on 20.7.2007. On the basis of the said report, the Commissioner, Allahabad Division, Allahabad, vide order dated 27.7.2007, has cancelled the lease and directed the Additional District Magistrate for fresh auction. In pursuance thereof the Additional District Magistrate, (Administration), Allahabad, vide its letter dated 3.8.2007, directed the Sub-Divisional Magistrate, Soraon, Allahabad to initiate the proceeding of auction.