SURURUL HASAN Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Firoz Haider, learned counsel for the petitioner, Sri Vidya Kant Tripathi, learned counsel for respondent nos. 5 and Dr. D.K.Tiwari, learned Additional Chief Standing Counsel for the State respondents.

(2.) Invoking extra ordinary jurisdiction of this Court under Article 226 of the Constitution, the petitioner has challenged the entire auction preceding pursuant to notice inviting tender dated 25.06.2019 for allotment of fisheries rights and consequential order dated 11.07.2019 in favour of respondent no. 4. The petitioner since was not in possession of the allotment order so he did not annex the copy thereof but allotment order has been brought on record in the counter affidavit filed by respondent nos. 2,3 and 4 as annexure 3 and the Court takes judicial notice of the same.

(3.) Briefly stated facts of the case are that Deputy Director Fisheries of Chitrakoot Division issued notice inviting tender for allotment of fisheries rights vide publication dated 25th June, 2019 in respect of six ponds of the categories, 2,3 and 4. The controversy in the present petition pertains to the auction proceedings in respect of reservoir (pond) in category 4 situate at village Manikpur district Chitrakoot. As per the advertisement total area of the pond is 76.00 hectares and reserved price for the auction fixed in the advertisement was Rs. 1,45,000/-. In the advertisement, it is categorically provided that in case if the requisite tender applications are not received or sufficient price is not bidded in first round of proceedings scheduled on 11th July, 2019, second round of proceedings would take place on 18th July, 2019 inviting fresh tenders and if the second round proceedings met the same fate, third round of proceedings would take place on 22nd July, 2019 and then finally on 22nd July, 2019. According to the petitioner in the very first round of the proceedings when bid was opened on 11th July, 2019 it stood granted on same day in favour of respondent no. 5 which is a society consisting of members not confined to the village or development block but of villages at Tehsil level forming cooperative society having area of operation at Tehsil level and which according to the petitioner could not have been permitted in the first round of bidding process. According to the learned counsel for the petitioner, therefore, the allotment of fisheries rights in respect of pond in question awarded in favour of respondent no. 5 is illegal.