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PARMILA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Parmila v. State Of U.P. And Others - WRIT - C No. 70995 of 2005 [2005] RD-AH 5967 (18 November 2005)

 

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

Hon'ble Janardan Sahai, J

Heard learned counsel for the petitioner and learned standing counsel.

The case of the petitioner is that she is the highest bidder in an auction for a fishery lease held on 24.3.2003. The area of the pond as stated by the counsel for the petitioner is 0.559 hectares. The grievance of the petitioner is that although the auction was held in the year 2003 and no reauction has been held nor fishery lease has been settled in any other way, the Sub Divisional Officer is neither granting approval nor has disapproved the auction. It is also stated that the petitioner has deposited one fourth of the auction money and has also deposited some instalment.

Learned counsel for the petitioner submits that the petitioner will file a representation in this regard to the Sub Divisional Magistrate, Maharajganj which may be made within a period of three weeks from today. In case such a representation is filed, the Sub Divisional Magistrate, Maharajganj shall dispose of the same in accordance with law expeditiously. It is made clear that no opinion is being expressed upon the merits of the petitioner's case and it will be open for the Sub Divisional Magistrate to consider all the relevant questions including sufficiency of the bid of the petitioner.

With the aforesaid direction, this writ petition is disposed of

Dt. 18.11.2005

Sn/wp-70995/05

Hon'ble Janardan Sahai, J

Heard learned counsel for the petitioner and learned standing counsel.

The case of the petitioner is that she is the highest bidder in an auction for a fishery lease held on 24.3.2003. The area of the pond as stated by the counsel for the petitioner is 0.559 hectares. The grievance of the petitioner is that although the auction was held in the year 2003 and no reauction has been held nor fishery lease has been settled in any other way, the Sub Divisional Officer is neither granting approval nor has disapproved the auction. It is also stated that the petitioner has deposited one fourth of the auction money and has also deposited some instalment.

Learned counsel for the petitioner submits that the petitioner will file a representation in this regard to the Sub Divisional Magistrate, Maharajganj which may be made within a period of three weeks from today. In case such a representation is filed, the Sub Divisional Magistrate, Maharajganj shall dispose of the same in accordance with law expeditiously. It is made clear that no opinion is being expressed upon the merits of the petitioner's case and it will be open for the Sub Divisional Magistrate to consider all the relevant questions including sufficiency of the bid of the petitioner.

With the aforesaid direction, this writ petition is disposed of

Dt. 18.11.2005

Sn/wp-70995/05


Copyright

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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