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Matsya Jiwi Sahkari Samiti Ltd. Thru' Its Adhyaksha Ramjeet v. State Of U.P. Thru' Its Secretary Revenue Deptt. & Others - WRIT - C No. 6710 of 2006 [2006] RD-AH 3365 (14 February 2006)


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Court No.5

Civil Misc. Writ Petition No. 6710 of 2006

Matsya Jiwi Sahkari Samiti Ltd

and another          ...... ........ ..... Petitioners


State of U. P. and others ........... Respondents


Hon'ble Janardan Sahai, J

The petitioner no.1 is a registered society of fishermen. It was granted a fishery lease in the year 1996 for a period of 10 years for Gaon Sabha pond. The term of the lease has expired in January 2006 whereupon the petitioner has applied for extension of the lease for a further period of three years which has been refused and auction has been directed by order dated 25.1.2006 passed by Sub Divisional Magistrate, Sadar, District Maharajganj.  In this writ petition the petitioner has prayed for quashing the order dated 25.1.2006 and for a mandamus commanding the respondents to settle fishery lease in order of preference especially to the Co-operative Society of Fishermen. A Full Bench of this Court in 2006 (62) ALR 65 Ram Kumar and others Vs. State of U.P and others.  has  held that renewal of the lease after the expiry of the original term without giving opportunity to other persons is not valid. The order of the Sub Divisional Magistrate refusing to give extension in favour of the petitioner does not therefore suffer from any illegality.

Learned counsel for the petitioner however submitted that according to the Government Order dated 17.10.1995 a society of fishermen has preferential right over other persons. This Government Order has also been referred to in the Full Bench decision in Ram Kumar (Supra).  According to the petitioner the petitioner no.1 is the only fishermen co-operative society in the area and therefore is entitled to have preferential right. It is stated by the counsel for the petitioner that no date for auction has been fixed and no auction has been made. It is not necessary to express any upon the question as to whether the petitioner fulfils the requirement for claiming any preferential right as such question involves consideration of facts also. It is therefore appropriate that the petitioner may make a representation before the Sub Divisional Magistrate Officer against the direction to lease out the pond by public auction. If the petitioner makes a representation, and in case auction has not already been held, the Sub Divisional Officer shall consider the representation of the petitioner in the light of the relevant Government Orders and in accordance with law.

With the aforesaid direction this writ petition is disposed of.

Let a certified copy of his order be supplied to the counsel for the petitioner on payment of usual charges within three days.

Dt. 14.2.2006



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