SHAMLI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) S. U. Khan, J. This writ petition was nominated to me by Hon'ble the Chief Justice through order dated 2. 08. 2004. Thereafter on 4. 8. 2004, I passed the following order on the writ petition : "this is a writ petition through which a prayer has been made that respondents must be restrained from letting out or granting Patta for fishery rights over the land which belongs to the petitioner. Earlier also similar Patta was granted regarding part of the land which has not been challenged by the petitioner anywhere. It appears that the Patta-holder society has filed some suit against the petitioner which is pending according to the learned Counsel for the petitioner and no injunction has been granted therein. Through this writ petition prayer of the petitioner is that respondents/. e. State of U. P. , District Magistrate and Tehsildar should be restrained from allotting other land of the petitioner in plot Nos. 281 and 339 for fishery rights to any one else. Only ponds can be allotted for exercising fishery rights. As far as pond is con cerned no person can be permitted to occupy the same. Ponds are lifeline of the village. Collector, Allahabad is directed to immediately make inspection of the spot and if it is found that pond is occupied by any person then the inquiry shall be make as to how it happened. The report of inquiry shall be sent to this Court. Shri S. R. Jalil learned Standing Counsel is directed to send a copy of this order to the Collector, Allahabad who shall send a compliance report to this Court within a month. This writ petition must be listed along with report of the Collector on 7th September, 2004. Copy of this order may be supplied to Shri S. R. Jalil, learned Standing Counsel free of cost by 9. 8. 2004. "

(2.) THE dispute relates to plot No. 281 area 16 bighas 1 biswa and Plot No. 339 area 18 bighas 8 biswas corresponding to old plot Nos. 1607 and 862/1 situate in Village Sirhir, Post Silaudhi, Tehsil Meja, District Allahabad. THE prayer in the writ petition is that respondents may be restrained from auctioning or ex ecuting any patta of the disputed plots for fisheries purposes to any one else.

(3.) ANNEXURE-2 to the writ petition is alleged C. H. Form No. 45. In the said Form, at the top, it is clearly mentioned that previously the property was men tioned as Shreni-VI (Category-VI), non-agricultural land; talab (pond ). Thereafter, it is mentioned that by order dated 28. 10. 1978 passed by D. D. C. , the name of Gaon Sabha should be expunged and petitioners' name should be entered. On both the pages of copy of C. H. Form No. 45 (ANNEXURE-ll), word "talab" is men tioned.