High Court of Judicature at Allahabad
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Jogi v. State Of U.P. & Others - WRIT - C No. 6152 of 2006  RD-AH 3530 (15 February 2006)
Hon'ble Janardan Sahai, J.
Supplementary affidavit has been filed today. It is stated therein that the respondent no. 2 District Magistrte, Gorakhpur is restraining the petitioner from carrying out fishing operation on the basis of the order dated 7.9.2005. The submission of the learned counsel for the petitioner is that the fishery lease was granted to the petitioner on the basis of an auction held in the year 2001 in which Boodhoo respondent no.4 also participated and the petitioner was given possession of the disputed land and after four year there is no justification for the Collector Gorakhpur to have passed the impugned order dated 7.9.2005. It is submitted that on the basis of the condition in paragraph 3 of the order dated 7.9.2005 the petitioner is being restrained from taking out fish from the pond.By that order only a report has been called for.
Standing counsel represents respondents 1, 2 and3. Gaon Sabha respndent no 5 is represented by Sri V.K. Singh. He prays for and is granted three weeks time to file a counter affidavit. The petitioner will have three weeks thereafter to file a rejoinder affidavit. List in the week commencing 17th April, 2006.
Issue notice to respondent no.4.
Until the date of next listing the respondents are restrained from interfering in the rights of the petitioner to take out fish from the pond merely on the basis of the impugned order dated 7.9.2005.
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