G.P.Mathur, J. - (1.) The controversies raised in the two writ petitions are interconnected and, therefore, they are being disposed of by a common order.
(2.) Writ Petition No. 25497 of 1994, has been filed praying that a writ of mandamus be issued commanding respondent No. 1 and other respondents to pass appropriate orders on the application moved by the petitioner on 14.10.1993. The other prayer made is that respondent No. 1 be commanded to grant lease to catch fish in Majhgawan jalashaya in favour of the petitioner co-operative society. The case of the petitioner is as follows : The petitioner is a co-operative society consisting of local fishermen which has been registered under the U. P. Co-operative Societies Act. The lease to carry on fishing operation in Majhgawan jalashaya was settled in favour of the petitioner from 1988 to 1994. The petitioner made an application on 14.10.1993 to the Director of Fisheries. U. P.. praying that the lease to carry on fishing operation in Majhgawan Jalashaya may again be settled in its favour for a period of 10 years, and for this purpose, the petitioner was ready to pay 20 per cent over and above the amount for which the lease had been settled in its favour in the previous year. The petitioner filed writ petition in this Court being Writ Petition No. MI of 1994, wherein a direction was issued on 4.1.1994 that the application moved by the petitioner on 14.10.1993 may be decided within 15 days of the filing of the copy of the order. The certified copy of the order dated 4.1.1994 was filed by the petitioner before the Director of Fisheries along with recommendation of the Dy. Director of Fisheries to grant lease in its favour. A notice was issued wherein it was mentioned that the right to catch fish in certain tanks and ponds in Jhansi and Hamirpur districts shall be put to auction on 25.6.1994 and in the said notice, Majhgawan jalashaya was also included. However, subsequently, the said auction notice with regard to the pond in question was cancelled on account of representation of the petitioner to the Chief Minister. The petitioner claims that in terms of the Government Order issued by the State Government on 30.5.1981 where a cooperative society of local fishermen is available and is willing to take the contract, the lease has to be granted in its favour on the basis of average income of the preceding years and no auction can be held in order to settle the aforesaid contract or to grant lease.
(3.) The Dy. Director of Fisheries, Jhansi region, issued a public notice that the right to catch fish in categories 11 and III reservoirs (jalashaya) of Mahoba district shall be settled on the basis of an auction on 25.11.1999 in which Majhgawan jalashaya was also included. The petitioner then filed Writ Petition No. 48174 of 1999 praying that the aforesaid public notice be cancelled and a lease to carry on fishing operation in the aforesaid Jalashaya for a period of 10 years be granted in its favour. A further prayer was made for quashing the Government orders dated 14.7.1993 and 9.9.1993.;