BHAGWAN DEEN Vs. COMMISSIONER KANPUR DIVISION KANPUR

JUDGEMENT

(1.) Sri Bhagwan Deen Nishad himself as Adhyakshya, Kshetriya Kewat (Mallah) Vikas Samiti, Village Daulatpur, Tahsil Bhuganipur, Kanpur Dehat along with Kshetriya Kewat (Mallah) Vikas Samiti, Village Daulatpur, Tahsil Bhugnipur, Kanpur Dehat are two petitioners in this writ petition filed under Article 226 of the Constitution of India, wereby it has been prayed that the order dated 18-5-1995 passed by the District Magistrate, Kanpur Dehat should be quashed. Further prayer in this writ petition is that All the respondents should be commanded not to interfere in the peaceful exercise of the fishing rights conferred upon the petitioners over water of river Jamuna in the area concerned as was advertised.

(2.) Sri Arun Tandon, learned counsel for the petitioners has been heard at length in support of this petition, which has been opposed by Sri H. R. Mishra, learned Standing Counsel. When this writ petition was filed on 2-8-1995, a counter affidavit was called upon. Sri H. R. Mishra has filed counter-affidavit sworn by Sri Ramji Lal Mishra alleging himself as Deputy Collector, Kanpur Dehat. A rejoinder affidavit has also been filed by the petitioners.

(3.) The matter being of extreme urgency and also having involved one question of law and two allied questions of fact, the petition is being decided finally at the admission stage as prayed for by the learned counsel for the parties.