- (1.) R. H. Zaidi, J. This petition was put up before me on 27-7- 2000. Learned Standing Counsel prayed for and was granted 24 hours' time to seek instructions and to produce relevant Government Or ders, if any, with respect to grant of fishing rights before the Court.
(2.) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 23-5-2000, passed by the respondent to settle the fishing rights in favour of any member of community of fisherman and the order dated 2-9-1997 passed by the respondent No. 2 to settle the aforesaid right in accordance with the Government Orders in favour of any member of community of fishermen. In the present case, no factual con troversy is involved, learned Standing Counsel has also agreed that this petition may be decided finally at this stage. Ac cordingly, this petition was heard and is being decided finally at this stage. Learned Counsel for the petitioner submitted that the lease was granted in favour of the petitioner for a period often years and under clause 12 it was provided that if the petitioner makes a payment of lease money and his work and conduct is found satisfactory, he would be entitled to get the lease renewed for a further period of ten years or for a short period, at his own expense. The petitioner, therefore, prayed that his lease may be renewed for a further period of ten years as he fulfilled the terms and conditions of the lease deed to the satisfaction of the authorities concerned.
(3.) ON the other hand, learned Counsel for the respondent submitted that in view of the Government Orders issued from time to time and in view of the decision of this Court, lease of fishing right can be settled by public auction only. In support of his submission reliance was placed upon the decision of the Division Bench of this Court in the case of Panchoo v. The Collector/the District Magistrate, Gorakhpur and others, reported in 1999 RD186. I have considered the submissions made by the learned Counsel for the par ties and also perused the record.;