KHILODHAR Vs. ADDITIONAL DISTRICT MAGISTRATE R A

JUDGEMENT

(1.) THE petitioner herein challenges the validity of the order dated 20-1-1982 made by the Additional District Magistrate (R. A.) Allahabad for reauctioning of the fisheries right in certain tanks situate in plot nos. 116, 369 and 546. THE said plots undisputedly belong to Gaon Sabha. Originally, that fisheries right was brought to auction and the highest bid accepted thereon was of Rs. 6275/-. It was in favour of Pyare Lal son of Dwarika, Bachchalal and some others. THE validity of the said auction was called into question before the Tehsildar, Karchhana by Khilodhar who is none other than the petitioner before us. In that proceeding the said auction was nullified but the Tehsildar by agreement accepted the offer of the petitioner of Rs. 10,000/-. THE Tehsildar also directed Land Management Committee to grant the required lease accordingly.

(2.) AGAINST the said order of the Tahsildar, nullifying the auction, Vindalal and others preferred an appeal before the Additional Collector. That appeal was dismissed and a review petition preferred thereon was also dismissed. The Additional District Magistrate, however, directed the reauctioning the fisheries right since there was no auction of that right in favour of the petitioner. The validity of that order of the Addl. District Magistrate has been called in question in this petition under Article 226 of the Constitution.

(3.) IN the circumstances, there is no merit in this writ petition.