RAM SARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ram Mohan, for the petitioner and Sri Abhishek Shukla, Standing Counsel for State of U.P. and Sri T.M. Khan, for Gram Panchayat.

(2.) The writ petition has been filed for quashing the order of Sub-Divisional officer dated 16.01.2017, cancelling the auction held for settlement of fisheries right on 16.11.2016 and directing for holding fresh auction for settlement of fisheries right for a period of ten years.

(3.) Sub-Divisional officer, Bansgaon, Gorakhpur published a notice for auction of fisheries right of the pond of plot 210 (area 0.619 hectare) of village Sai Tal, tahsil Basgaon, Gorakhpur for a period of five years in newspaper on 15.10.2016, fixing 16.11.2016 for auction, along with other ponds of the tahsil. The petitioner also applied for auction of the pond of plot 210 (area 0.619 hectare) of village Sai Tal, tahsil Basgaon, Gorakhpur. After fulfilling formalities, the petitioner participated in the auction held on 16.11.2015. The petitioner was the highest bidder at the rate of Rs. 3000/- per year, which was accepted by auctioning authority. The petitioner was asked to deposit the requisite amount. According to the petitioner, he deposited Rs. 15000/- on 16.11.2015. The auctioning authority forwarded the papers relating to auction to Sub-Divisional officer for confirmation.