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KATWARU versus STATE OF U.P. THRU' BOARD OF REVENUE U.P. AT ALLAHABAD & ANR

High Court of Judicature at Allahabad

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Katwaru v. State Of U.P. Thru' Board Of Revenue U.P. At Allahabad & Anr - WRIT - B No. 15246 of 2006 [2006] RD-AH 6434 (23 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 5

Civil Misc. Writ Petition No. 15246 of 2006

Katwaru Vs. State of U.P. and others

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Hon'ble Janardan Sahai, J

It appears that an auction for fishery lease for a period of one year was held on 18.3.2005. The petitioner it is submitted was the highest bidder in that auction and by order dated 23.4.2005 the auction was approved in favour of the petitioner and thereafter it was also confirmed by the Sub Divisional Officer on 2.5.2005. It appears that revision was filed by respondent no.3 Chunni Lal against the order of auction in favour of the petitioner in the Board of Revenue. In the revision  a stay order was passed in favour of respondent Chunni Lal. The stay order has been extended by the Board of Revenue by the impugned order dated 6.2.2006. It is submitted by the petitioner's counsel that revision filed by respondent no.3 Chunni Lal before the Board of Revenue was not maintainable as it is against the administrative order. Counsel for the respondent no.3 submits that period of one year for which the auction was settled in favour of petitioner is already over. Counsel for the petitioner disputes this position and submits that the period of one year is operative from 2.5.2005. As the revision is pending before the Board of Revenue, it is not necessary to give opinion upon this point.  It is open to the parties to press all their contentions before the Board of Revenue. Counsel for the parties state that neither of the parties will take unnecessary adjournment. The Board of Revenue shall try to dispose of the revision on the next date.

With the aforesaid direction this writ petition is disposed of finally.

Dt. 23.3.2006

sn


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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