ANSHUMAN RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Santosh Kumar Chaubey, learned counsel for the petitioner, Sri Manoj Kumar Yadav, learned counsel for the Gaon Sabha-respondent no.4 and Sri Sanjay Goswami, learned Chief Standing Counsel for the respondents no. 1 to 3.

(2.) The petitioner in the writ petition is seeking quashing of the advertisement dated 27.4.2017 regarding pond no. 402 situated in Barwan Khurd, Tehsil Saidpur, District Ghazipur. Further prayer of the petitioner is to grant approval to the auction proceedings dated 3.12016 in respect of the same pond in favour of the petitioner.

(3.) Briefly stated the facts of the case are that an advertisement was issued on 24.10.2016 which was published on 11.2016 in the National newspaper (Dainik Hindustan) for auction of Fisheries Rights of pond no.402 area 0.912 hectares. The petitioner and one other person Bittan S/o Sri Khakharu both residents of the same Gram Sabha submitted their applications for participating in the auction. It is specifically, stated that only these two persons submitted their applications in pursuance of the advertisement and no application was submitted by any other person. The auction was supposed to be held on 12.2016 for a minimum bid of Rs. 41,050/- for ten years. The petitioner submitted his bid for Rs. 42,000/- in the first round, Rs. 43,500/- in the second round and Rs. 45,000/- in the third round while Bittan S/o Sri Khakharu submitted his bid for Rs. 43,000/- in the first round, Rs. 44,000/- in the second round but he did not bid for the third round. In this view of the matter, the petitioner was declared to be the highest bidder by the Committee comprising of the Revenue Kanoongo and the Fish Development Officer. The Committee forwarded the proposal of the petitioner to the SDM, Ghazipur, Annexure-2 to the writ petition for his approval to the auction proceedings on 12.2016 itself. It is however, stated that the SDM has not till date granted any approval to the bid of the petitioner and a fresh advertisement was published on 27.4.2017 for the same pond no. 402.