GAON SABHA RAISON Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) THE Petitioner is a Gaon Sabha which conducted an auction of fishery rights in respect of a tank, situated within its jurisdiction. This auction was closed in favour of opposite -party No. 5 for a sum of Rs. 26,000/ -. Some local fishermen of the village complained to the Collector against this auction and on their complaint, the Additional Collector passed an order on 21st December, 1977, annexure 5 to the petition, setting aside that auction and directing the Gaon Sabha to lease out the fishery rights of the tank for a period of ten years of an annual rental in accordance with rules. The Gaon Sabha is aggrieved by this order. It has been contended that his order adversely affects the rights of the Gaon Sabha and that the Gaon Sabha will also be financially affected if this order is allowed to stand.

(2.) SECTION 126 of the U.P. Zamindari Abolition and Land Reforms Act gives power to the State Government to issue any orders and directions to the Land Management Committee as may appear to be necessary for the purposes of the Act and it is the duty of the Committee and its office -bearers to forthwith carry out such orders and comply with such directions. Rules 115A and 115 -B of the Rules made under the Act also lay down ancillary provisions in this behalf. Under Section 321 of the Act the State Government has also delegated to the Collector its powers to issue directions under Section 126. The State Government has from time to time issued directions under Section 126 of the Act read with Rule 115 -A and those directions in so far as grant of lease and licence in respect of fishery rights etc. are concerned are contained in paragraph 62 of the Gaon Samaj Manual. The last such direction was issued by the State Government on 10th October, 1975, vide annexure B -1. By this G.O., Paragraph 62(2) of the Manual has been substituted. The new Paragraph 62(2) provides that tanks and ponds vested in the Gaon Sabha shall be let out on annual rent for a period often years. It further provides that top most preference shall be given to fishermen, boatmen etc. residing in the village and where there is no person belonging to any of these categories in the jurisdiction of the Gaon Sabha, then lease may be granted to other persons. The Gaon Sabha instead of complying with these directions carried out an auction and decided to grant a lease to the highest bidder. The Additional Collector, to whom the powers of Collector, have been delegated, intervened by the impugned order.

(3.) IT may be made clear that the Additional Collector by his impugned order has not directed the Gaon Sabha to settle the lease in favour of any person specified in the order. He has only asked the Gaon Sabha to settle the lease in accordance with rules. As pointed out in, 1972 AWR 380 (supra), it is open to the Gaon Sabha to seek further clarifications and directions from the Collector, if necessary, in this regard.