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

JUDGEMENT

(1.) Heard Sri B.P. Mishra, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and learned counsel for the Gaon Sabha. By means of the present writ petition, the petitioner has prayed for issuing a writ of mandamus directing the respondent No. 1 to decide the petitioner's application dated 11.8.2014 and approve the bid of the petitioner for the pond in dispute.

(2.) The facts giving rise to this case are that with respect to pond over Khasra Nos. 304 and 305 measuring about 0.267 hectare and 0.3240 hectares respectively situated in Village Khairahva Jangal, Nautanwa, District Maharajganj, an advertisement was made in the news paper Rashtriya Sahara dated 25.6.2014, fixing 11.7.2014 for settlement of fishery lease. Pursuant thereto, two persons participated, out of which, the petitioner's bid was Rs. 60,900/-. The petitioner was required to deposit 1/4th amount, which he deposited, but no lease was executed. Thereafter, the petitioner filed an application on 11.8.2014 requesting the authority concerned to execute the lease pursuant to the auction held on 11.7.2014. When nothing was done, the petitioner has approached this Court through the present writ petition.

(3.) In this writ petition, on 10.12.2014, learned standing counsel was directed to seek instructions. Pursuant thereto, after number of dates, instruction was obtained and considering the same, on 1.4.2015 this Court has passed the following order: