SATYA VRAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and Sri S.P. Misra, learned standing counsel for respondents No. 1 to 4.

(2.) On 6.7.2006 it had been indicated in the order sheet that as pure question of law regarding interpretation and application of Full Bench authority of this Court in Ram Kumar v. State of U.P. 2005 (99) RD 823, was involved, hence no counter-affidavit was required.

(3.) The matter pertains to grant of 10 years lease for fishing rights in respect of pond comprised in plot No. 419 area 1.335 hectares situate in village Dandopur Tahsil Padrauna district Kushi Nagar. Petitioner was granted 10 years lease for fishing rights in respect of the pond in dispute as he was the highest bidder in the auction held on 23.1.2006. Petitioner's bid was for Rs. Two lacs for ten years. Petitioner also deposited 1/4th of the said amount, i.e., Rs. 50,000. It has also been stated that no person belonging to fishermen's community or scheduled caste/scheduled tribes participated in the auction proceedings. Deputy Collector Padrauna through order dated 2.3.2006 set aside the auction on the ground that it was hit by the aforesaid Full Bench authority. It was also observed in the said order that earlier Pradhan had himself granted the lease of the pond in question to another person. As far as the said aspect is concerned, it was not at all relevant, as Pradhan had no authority to settle the lease with any one and the same having been done without any auction etc. was illegal. The said lease by Pradhan was also not sub-Judice before the Deputy Collector.