RAMBHUL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manoj Kumar Patel for the petitioner, Standing Counsel for State of U.P. and Sri Mahesh Narain Singh, Standing Counsel for Gram Panchayat.

(2.) This writ petition has been filed for quashing the order dated 15.10.2016, passed by SDO, by which auction held by the Tahsildar has been disapproved by SDO and for a mandamus directing the SDO to execute the fisheries lease in favour of the petitioner.

(3.) Under the authority of SDO, the publication for grant of fisheries lease of plot no. 11, area 1.644 acre of village Mohammad Akbarpur Chakbandi Abad, Block Sardhana, district Meerut was published in newspaper, along with other ponds of the tahsil. The auction was scheduled to be held on 16.9.2016. However, on 16.9.2016, SDO has directed to conduct a fresh auction within a week, therefore, fresh auction was held by Tahsildar on 14.10.2016. In the auction of plot no. 11 of village Mohammad Akbarpur Chakbandi Abad, three persons have participated in the auction, namely, (1) Satish, son of Madan (By caste - Valmiki), (2) Rambhul, son of Mamchand (By case Nai) and (3) Smt. Sunita, wife of Sunder Singh (General Category), in which, the bid of petitioner was highest for Rs. 2,51,000/- per annum. The Tahsildar submitted his report dated 14.10.2010 for approval of the auction held by him. However, SDO by his order dated 15.10.2016 disapproved the auction on the ground that in the auction, only one person has participated and there was a situation relating to dispute on the spot. The petitioner challenged the aforesaid order in writ petition. This Court by order dated 22.11.2016 directed the Standing Counsel to obtain instruction in the matter, then written instruction has been supplied on 2.12.2016, in which, it has been mentioned that auction held on 16.9.2016. Under the orders of SDO thereafter a fresh auction notice was given and auction was held on 14.10.2016, in which Rambhul, the petitioner, alone participated, therefore, earlier bid has been accepted.