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Dhirendra Singh v. State Of U.P. & Others - WRIT - C No. 38930 of 2007 [2007] RD-AH 14295 (21 August 2007)


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Civil Misc. Writ Petition No. 38930 of 2007

Dhirendra Singh


State of U.P. & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Rakesh Sharma, J.

Head Shri S.K. Srivastava, learned counsel for the petitioner and learned Standing Counsel for the respondents.

The petitioner has approached this Court seeking a direction to the District Magistrate, Etawah to demarcate and earmark the fishing area allocated to the petitioner to carry out operations in river Purha  from village Ganeshpur to Sorahe Rathari in District Etawah. The petitioner claims that he was granted the contract of fishing rights for the period from October, 2006 to 30.09.2007. On being directed by the Court to place the agreement entered into between the petitioner and appropriate authority, he has taken the Court to Annexure-1, an agreement form executed between the petitioner and the Assistant Engineer, Lower Ganges Canal, Etawah Prakhand. We are surprised to learn that this agreement relates to fishing rights of the tank situate in plot/khata of some village in District Etawah. The petitioner has not even indicated the plot and khata number of the village where the tank is situated or what was the Police Station. The said agreement was in respect of a tank while the petitioner has given an impression to the Court that he was granted fishing rights in Purha river on the border of Etawah and Mainpuri district. The petitioner failed to substantiate the submissions made in the petition and has mislead the Court to believe that he was aggrieved by the non-demarcation of the fishing area in Purha river.  No agreement appears to have been executed between the petitioner and the district revenue authorities as the petitioner has not placed the same. The agreement (Annex.1) which has been shown to the Court relates to an unknown tank. No relief has been sought against the Executive Engineer or Assistant Engineer dealing with the  lower Ganges Canal, who have no relation with the river Purha. The course of the river is defined and demarcated by the revenue authorities or the appropriate authority of the Irrigation Department.  We deprecate the attempt of the learned counsel for the petitioner in misleading the Court for an ulterior purpose to obtain an order. Precious time of the Court has been wasted by the petitioner. In such cases, costs  must be imposed on the litigants as per  decision of the Hon'ble Supreme Court in Salem Advocate Bar Association Vs. State of Tamil Nadu & Ors., AIR 2003 SC 189.   The petitions ought not have been filed to achieve an ulterior purpose and costs must be imposed in such cases.

In view of the above, the petition is dismissed with the costs of Rs. 10,000/- (Rupees Ten Thousand Only), to be recovered from the petitioner by the District Collector, Etawah and shall be deposited in the High Court Legal Service Committee, High Court, Allahabad.

A copy of this order shall be sent by the Registry to the District Collector, Etawah for compliance.




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