LAWS(GAU)-1984-9-4

SHRI KARAM MONMOHON SINGH Vs. THE KHARUNGPAT LAMJACKHONG AHANBI FISHERY CO-OPERATIVE SOCIETY LTD. AND ORS.

Decided On September 11, 1984
Shri Karam Monmohon Singh Appellant
V/S
The Kharungpat Lamjackhong Ahanbi Fishery Co -Operative Society Ltd. And Ors. Respondents

JUDGEMENT

(1.) THE writ Petitioner impugns the orders dated 23.9.83 and 30,9.83 of the Governor of Manipur issued by the Secretary to the Government of Manipur, fishery Department under Memo No. 13/125/7 whereby the Governor of Manipur was pleased to order that the Kharungpat Fishery No. 164 situated at Laipham Pana, Thoubai Sub -Division, District Thoubal, Manipur be leased out in favour of the Kharungpat Fishery -cum -Pisciculture Farming Co -operative Society Limited (Respondent No. 2) on payment of Rs. 1,60,000 per year or a period of three years commencing from 23.0.83 to 31.03.86 for fishing and pisciculture development. By the order dated 10.9.83 the Governor of Manipur was pleased to accord sanction to the grant of the above lease.

(2.) THE Petitioner's case is that he was the (sic) lessee of the same fishery during the previous term and he applied for extension, which was not considered. It is stated that the fishery was then notified for sale by auction and the petitions even deposited the earnest money; but the auction sale was cancelled and subsequently the Government has directly settled the fishery with the Respondent No. 2 under Rule 25 of the Manipur Fishery Rules, 1972, shortly the Rules'. The Petitioner's grievances are that no reasons have been recorded in the impugned order as to why, direct settlement bad to be resorted to that there was no notification to the effect that the fishery would be directly settled; and that there was no offer whatsoever from the Respondent No. 2 for settlement of the fishery.

(3.) RULE 25 of the Rules provides: