The High Court disposed of a writ petition seeking renewal of an expired fishery lease. Unable to find a provision for renewal post-expiry, the court directed respondent authorities to conduct a fresh public auction within two months.
Directed authorities to hold a fresh auction of the fishery lease within two months of filing this order.
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Neutral Citation No. - 2023:AHC:111615
Court No. - 52
Case :- WRIT - C No. - 7099 of 2023
Petitioner :- Najaruddin Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Kumar Dubey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Kshitij Shailendra,J.
(a) The authorities shall proceed to conduct fresh auction of the fishery lease in respect of the aforesaid pond after following due process of law i.e. due publication inviting public at large to participate in the auction as per the Code and Rules.
(b) This order would not come in the way of any auction proceeding if the same has already been held after 05.03.2020.
(c) The petitioner is at liberty to apply for grant of fresh fishery
rights pursuant to the fresh proceedings and as when they are held.
(d) The authority shall proceed within two months with fresh auction proceedings from the date when a certified copy of this order is filed before the Sub-Divisional Magistrate, Khalilabad, District Sant Kabir Nagar (respondent no.2).
Order Date :- 22.5.2023 AKShukla/-
Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is entitled to a fresh lease after the expiry of the previous 10-year term.
Whether the authorities are directed to conduct a fresh auction for the fishery lease within a stipulated time.
Najaruddin
State Of U.P.
Respondent No. 2
Kshitij Shailendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
