JANAKRAJ KEWAT Vs. STATE OF U P

JUDGEMENT

(1.) In this case on 05.12.2009, following order was passed :

(2.) Today, affidavit of Sri Birjnath Yadav, who was the Deputy Collector/ S.D.O., Tehsil Hata, District Kushinagar has been filed. It has been stated in the said affidavit that Sri Yadav joined the post of S.D.O. Tehsil Hata on 7.2.2009, that concerned lekhpal had issued a letter on 17.1.2009 to the Land Management Committee for calling of meeting of Gaon Sabha for settlement of fisheries lease and a similar letter was sent by Tehsildar to the Chairman, Land Management Committee mentioning therein that some persons had submitted applications for allotment of fisheries lease. It is also stated in Para-7 that Munadi was done on 27.1.2009 and on 23.2.2009 only respondent No. 6, and one more person submitted applications. Thereafter, in Para-10, it has been stated that earlier proceedings of 25.5.2005 were not brought to the notice of the deponent/S.D.O. by concerned area lekhpal. It is also stated in Para-10 that deponent has started departmental proceedings against concerned area lekhpal and concerned revenue inspector. It is also stated in Para-12 that the amount of Rs. 50,250/- deposited by respondent No. 6 in 2005 is still in deposit.

(3.) The Court expresses its wonder over the manner in which records are maintained in the District. It is share common sense that before proceeding to auction fisheries lease in respect of a pond, it must be ascertained as to whether there is any continuing lease or not. If the records are maintained in such manner that new incumbent on the post of S.D.O. is not able to ascertain this fact then it depicts the entire office of S.D.O. in a very shabby form. Not only in the district in question but in all the districts of the State, records should be maintained in proper manner. The allegation of the present S.D.O. that he merely acted upon the report of lekhpal also shows that he does not bother about the details and does not apply his mind. It has not been stated that in what manner disciplinary proceedings have been initiated against lekhpal and the inspector.