GRAM PANCHAIT KANTA GULZARPUR UNNAO Vs. COLLECTOR UNNAO

JUDGEMENT

(1.) S. H. A. Raza, J. Gram Panchayat Kanta Gulzarpur, pargana Bangarmau, teh-sil Safipur, Block Bangarmau, Post Kanta Gulzarpur, district Unnao through its Pradhan Smt. Shamshul has filed the present writ petition praying for issuance of a writ in the nature of certiorari quashing the im pugned order dated 30-1-96 pertaining to approval of the proposal for renewal of lease for fishing rights in favour of opposite party No. 3. The petitioner also prayed for quashing of the certificate of renewal issued in favour of opposite party No. 3 and not to implement or operate certificate of renewal issued by opposite party No. 2 in favour of opposite party No. 3.

(2.) THE factual matrix in short compass is that on 8-8-86 respondent No. 3 Sri Fariduzama Khan was granted a lease for ten years pertaining to fishing rights in the pond in question. THE agreement for the said lease-deed was executed on 17-12-86. Admittedly, the period of lease deed expired on 17-12-96. A year before from the date of expiry of the lease opposite party No. 3, Sri Fariduzama Khan preferred an application before the respondents No. 1 and 2 for renewal of the lease for a further period of five years.

(3.) ALTHOUGH the Up Zila Adhikari, Safipur, Unnao, was ordered to either issue a certificate or file counter affidavit before a particular date indicating as to why the same may not be granted, he preferred to issue the certificate in favour of respondent No. 3 and also got the lease deed executed, when no such specific order was passed by the Court. It was submitted that in pursuance of the said order and the lease deed the opposite party No. 3 started fishing into the pond in question.