The court disposed of a writ petition seeking a direction to the Up Zila Adhikari to decide a representation for grant of fisheries lease within six months, subject to hearing all stakeholders.
Directed Up Zila Adhikari to decide petitioner's representation for fisheries lease within six months after hearing all stakeholders.
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Court No. - 18
Case :- WRIT - C No. - 14548 of 2018
Petitioner :- Hari Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to implead the Gaon Sabha as necessary party forthwith.
Heard Shri Pawan Kumar, learned counsel for the petitioner; Shri Abhishek Shukla, learned Standing Counsel for the State respondents. Shri T.M. Khan, Advocate has entered appearance on behalf of newly impleaded respondent.
Petitioner is before this Court with the request to command the third respondent to decide the representation for grant of fisheries lease of the Pokhari no.123 area rakba 0.425 hectare situated at Gram Panchayat Harpur, District Maharajganj.
Record in question reflects that the third respondent has proceeded to publish auction notice dated 22.05.2017 by which auction of Pokhari no.123 Rakba 0.425 hectare situated at Gram Panchayat Harpur was scheduled to be held on 28.07.2017. It has also been claimed that as per the terms and conditions of the auction notice, the petitioner has proceeded to apply for the same and finally the auction took place on 16.06.2017 but on account of non participation of any candidate, the publication was again made on 22.07.2017 wherein auction date was fixed for 28.07.2017. Learned counsel for the petitioner states that petitioner had participated in the said auction proceeding on 28.07.2017 but at no point of time the aforesaid proceeding has been fianalized.
Learned counsel for the petitioner in this backdrop has placed reliance on Rule 57(7) of Uttar Pradesh Revenue Code Rules 2016 wherein, even a solitary bid is acceptable and there is no restrain to the respondents not to finalize the said proceedings and as such, it is claimed that in case the petitioner is the only bidder in the said proceeding, the law nowhere restrain the respondents not to finalize the said proceeding and as such, request has been made to ask the competent authority to decide the aforesaid representation.
Learned counsel for the respondents have no objection in case the aforesaid representation is decided.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Up Zila Adhikari, Nichlaul, District Maharajganj to decided aforesaid representation of petitioner expeditiously, preferably within a period of six months from the date of production of a certified copy of this order before him but certainly after according opportunity of hearing to all the stake holders in the matter.
Order Date :- 23.4.2018 A. Pandey
2 issues framed by the court
Whether the petitioner is entitled to a direction to decide his representation for grant of fisheries lease.
Whether the competent authority is required to expedite the decision on fisheries lease representation.
Hari Ram
State Of U.P.
Other 1
Other 2
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
