BHUBAN GOCHHAYAT Vs. COLLECTOR

JUDGEMENT

(1.) BOTH these Writ Petitions relate to auction of a fishery shairat commonly known as 'Charigharia Jaripata' situated near Banki in the district of Cuttack. Admittedly the aforesaid fishery shairat is managed by Pathapur Grama Panchayat and the fishery shairat is settled by auction year after year by the said Grama Panchayat.

(2.) PETITIONER in W.P. (C) No. 11178 of 2003, namely, Bhuban Gochhayat, claims that in consonance with an Auction Notice issued by the Pathapur Grama Panchayat on 10.9.2003 inviting interested bidders to take part in the auction of the fishery shairat, he appeared and quoted his bid. A copy of the said Auction Notice is annexed as Annexure -1 to the Writ Petition. It is submitted that in consonance with the aforesaid Notice the auction was held and Bhuban Gochhayat being the highest bidder having quoted a sum of Rs. 20, 600.00 his bid was accepted by the concerned authorities and vide Annexure -3 dated 1.10.2003 the auction was confirmed by the B.D.O., Banki, Damapara. It is further alleged that some of the villagers being instigated by the unsuccessful bidders with an avowed oblique motive of harassing the petitioner filed an application before the Sub -Collector, Banki and also created disturbance over the fishery shairat. The Sub -Collector, after taking stock of the situation, in order to avoid law and order problems in the village, directed the B.D.O., Banki, opposite party No. 3, to issue direction to the Grama Panchayat as well as petitioner Bhuban Gochhayat not to catch fish from the aforesaid fishery shairat and to maintain status quo ante until further orders. The said order dated 17.10.2003 has been filed as Annexure -6 and is impugned in the Writ Petition. The petitioner Bhuban Gochhayat inter alia prays to quash the orders Annexures -5 and 6 and to issue direction to the opposite parties to provide adequate security to the petitioner for smooth operation of the fishery shairat in question.

(3.) IN view of the fact that both the Writ Petitions relate to same dispute, with consent of learned counsel for the parties, the some were heard together.