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RAM SAMUJH versus COMMISSIONER, GORAKHPUR AND OTHERS

High Court of Judicature at Allahabad

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Ram Samujh v. Commissioner, Gorakhpur And Others - WRIT - C No. 32117 of 2002 [2007] RD-AH 9937 (23 May 2007)

 

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

Judgement Reserved on 22.5.2007

Judgement Delivered on 23.5.2007

Civil Misc. Writ Petition No. 32117 of 2002

Ram Samujh Versus Commissioner and others .

Hon'ble S.U.Khan J

Heard learned counsel for the parties.

It is a matter of great regret that a pond having an area of 13.25 acres has virtually been donated by the Tehsil authorities particularly Deputy Collector concerned for virtually no rent/amount. The pond of such an area can very well be let out for Rs.50000/- per year, however, petitioner is enjoying the said pond for only Rs.3000/- per year. Pond in dispute is comprised in plot Nos. 30, 55, 78, 83, 95 and 239 situated in village Karauta, Tehsil Chori Chora district Gorakhpur.

Petitioner was granted fisheries lease of the pond in dispute for 10 years in the year 1978. It is alleged that the said lease was granted on yearly rent of Rs. 2264/-. Thereafter, in 1988 the lease was extended for further period of 10 years. It has been held in several authorities by this court that fisheries lease can not be renewed and it must be settled after due advertisement in Newspaper. In the year 1994, a complaint was filed by respondent No.4 Sri Ram against renewal of lease in favour of petitioner. Deputy Collector concerned cancelled the lease earlier granted in favour of the petitioner. The said order was maintained by the Commissioner in revision. However, the said orders were set-aside by Board of Revenue. Against the decision of Board of Revenue a writ petition being writ petition No. 19777 of 1997 was filed by respondent No.4 which is pending. However, no stay order was granted in the said writ petition.

In the year 1998 second renewal i.e. third term for ten years was granted to the petitioner for 10 years. The allotment was made on 15.5.1998. It is stated that it was for only Rs.3000/- per year. Respondent No.4 filed application for cancellation of lease/renewal of 1998. On 7.12.2001, order was passed restraining the petitioner from catching the fishes. Against the said order, petitioner filed revision No. 239/G of 2001. Commissioner, Gorakhpur division, Gorakhpur dismissed the revision on 24.6.2002, hence, this writ petition.

In several authorities of this court, it has been held that fisheries lease shall be settled after due advertisement. This position has been reiterated by full bench authority of this court reported in Ram Kumar Vs. State 2005 (99) RD 823. As the pond in dispute has been let out for virtually no rent, hence, this court proposed to auction the pond for fisheries purpose in between petitioner and respondent No.4 in Court. This was done in view of an authority of Supreme Court reported in Ram & Shyam Co. State of Haryana AIR 1985 SC 1147. Yesterday auction was proposed to be held, however, petitioner offered only an amount of Rs.5000/- per year, while respondent No.4 offered only Rs.10,000/- per year. It may be mentioned that both petitioner and respondent No.4 claimed to be the Presidents of different Cooperative Societies of fishermen. However, during auction in Court both of them gave up their camouflage and learned counsel for both petitioner as well as respondent No.4 clearly stated that both petitioner and respondent No.4 were doing fisheries business independently and they were offering the bid in their personal capacity.

As no one offered proper bid, hence, auction was cancelled.

Accordingly writ petition is dismissed . Renewal of lease in favour of petitioner granted in the year 1998 is hereby cancelled. Deputy Collector concerned is directed to forthwith advertise settlement of pond in dispute for fisheries lease for 10 years in daily Hindi newspaper "Amar Ujala" or "Dainik Jagran". Advertisement must be published in the newspaper at least one week before the date of auction as mentioned in the advertisement. Auction of the pond in dispute for 10 years for fisheries lease must take place at the office of S.D.O concerned. All efforts must be made to let out the pond in dispute for maximum price.

I have held in Babban Ram Vs. State 2004 (97) RD 675 that minimum letting out value of the pond shall be Rs. 10,000/- per hectare per year. According to that formula minimum letting out value of the pond in dispute shall be Rs.50000/- to Rs.60000/- per year. Auction Proceedings must be conducted strictly in accordance with the aforesaid full bench authority of Ram Kumar.

It is needless to add that in the auction both petitioner as well as respondent No.4 may participate. The auction shall positively be held within six weeks from today. If Deputy Collector shows any laxity this time then this court may take very serious view of the matter. Respondent No.4 is at liberty to inform the court through application which may be field in this very writ petition if auction is not held within six weeks from today.

Writ petition No. 19777 of 1997 can not be decided by me as the  same has been nominated to Hon'ble R.P.Misra J. Let a copy of this judgment be placed in the file of the said writ petition.

Writ petition is accordingly dismissed.

Let a copy of this order be supplied free of cost to Sri N.P.Pandey learned standing counsel by 25.5.2007.

 

Dated: 23.5.2007

Waqar


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