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Ram Nath v. State Of U.P. & Others - WRIT - C No. 30832 of 2007 [2007] RD-AH 12261 (18 July 2007)


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Hon'ble Arun Tandon, J.

Three writ petitions have been filed by the same  petitioner in respect  of same fishery rights.

Writ Petition No. 49167 of 2004 Ramnath Vs. State of U.P. filed by the petitioner was decided on 22.11.2004 it was provided that in case Brijesh (respondent no. 4) refuses to offer any higher amount then the lease of fishery rights in his favour shall be cancelled and in such a situation lease shall be executed in favour of the petitioner on an annual rent of Rs. 13,000/- per year.  The petitioner was directed to deposit annual rent for two years in advance within one month.

In compliance of the order of this Court referred to above, petitioner and Brijesh were invited for fresh bidding.  On 02.11.2004 Brijesh offered a bid of Rs. One lakh per year towards rental in respect of fishery rights for 10 years.  The petitioner in turn had offered a bid of Rs.98,500/-       per year as the annual rent.  Brijesh initially deposited Rs.25,000/- and being called upon to pay the balance amount approached this Court by way of Special Appeal against the order of the Hon'ble Single Judge referred to above.

 The appeal filed by Brijesh was numbered as Special Appeal No. 426 of 2005.  The Division Bench of this Court vide its order dated 06.4.2005 recorded that both petitioner and Brijesh have opened their mouth to wide and they are unable to pay the bid.  No reliance can be placed upon such persons.  The Court  dismissed the appeal and provided that the State and the parties will work out their future position in accordance with law.   Accordingly the S.D.M. Lalganj, Azamgarh passed an order dated 13.5.2006 providing the fishery rights be settled afresh after holding fresh auction in accordance with law.  This order was challenged by the present petitioner by means of Writ Petition No. 31416 of 2006 wherein counter affidavit has been called upon but no interim order was granted.  While the writ petition was pending, the petitioner has filed his third petition with the allegation that since in terms of the order of the Hon'ble Single Judge dated 22.11.2004 Brijesh has not deposited the money after making a higher bid, it is to be presumed that he has not made any higher bid in the eyes of law and, therefore, State authorities be directed to settle the fishery rights in favour of the petitioner on an annual rent of Rs. 13,000/- as per the order of this Court.  

Deliberately the petitioner has not referred to the order of the Division Bench in the present writ petition.  It is only after this Court called for the records of Rs. 31416/06 that it could be decipher that the order of the Hon'ble Single Judge dated 22.11.204 was subjected to challenge by way of Special Appeal was dismissed and it was provided that the State as well as the other parties may work out their future position in accordance with law.  In view of the said order of the Division Bench all other provisions made under the order of the Hon'ble Single Judge lost all their efficacy.

Concealment of the order of the Division Bench is fatal.  Even otherwise the present writ petition lacks merit and is dismissed .  

Dated: 18.7.2007



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