- (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel appearing for the respondent.
(2.) WITH the consent of the learned Counsel for both the parties this writ petition is finally disposed of. By means of this writ petition, the petitioner has prayed for quashing the notice dated 08.03.2010, by which petitioner has been informed that the lease in his favour dated 27th December 2005 has been withdrawn and fresh auction shall take place on 27th March 2010. The petitioner's case in the writ petition is that an auction of several pond was advertised in the local newspaper "Nyayadhish" dated 26th December 2005 in which number of pond bearing khasra No. 292 have area 3.33 acres was also included. The auction was held on 27th December 2005 in which petitioner was highest bidder and was granted the lease at the rate of Rs. 10,050/ -per annum for a period of 10 years. It appears that the auction which was held on 27th December 2005 was challenged in this Court by means of writ petition No. 4375 of 2006 (Ram Dhari v. State of U.P.). This Court held that there was no proper publication of the advertisement in the newspaper. It was observed that for some of the ponds which were published in the news paper, the auction had taken place before publication, further observation was made by this Court in its judgment dated 11th August 2009 that after giving notice orders be passed. Following are the observation of the Court. From a plain reading of the impugned notice published in the news paper, it is evident that the publication in newspaper was done on 24.12.2005 but the auction was done even earlier to the date of publication. The entire auction and sale proceedings scheduled by the Sub Divisional Officer, Shahganj seems to be fare and sham. At the face of record, the Sub Divisional Magistrate/ revenue authorities have acted for some extraneous reasons and consideration. It is not clear why the schedule for auction of pond in question and with regard to other ponds was not published keeping in view the two Full Bench's judgments and other judgments of this Court. It is a sorry state of affairs in the administration. The entire auction and sale of ponds in question as well as other pods done by the Deputy Collector, Shahganj in pursuance to the said advertisement suffers from apparent substantial illegality. The procedure provided by law has been given a go -bye seems to be for extraneous reasons and considerations. Apart from the above, since at the face of record, the auction of the various ponds of more than 35 villages was held without following the procedure prescribed by law, the District Magistrate, Shahganj is directed to look into the matter and take a decision in the light of the Full Bench judgments of this Court. He shall a notice on all the auction purchasers of the pond referred in the present judgment given in pursuance to the advertisement dated 24.12.2005 and thereafter shall proceed to decide the matter with regard to continuance of fishery rights. The District Magistrate, Shahganj is directed to take a decision within two months from the date of receipt of a certified copy of this order. In view of the above, no case for interference under Article of the Constitution of India is made out.
(3.) IN pursuance of the judgment of this Court notice was issued to the petitioner to show cause as to why his lease may not be cancelled, it having been granted without following the proper procedure. The petitioner replied the notice and prayed that his lease be allowed to continue. By the impugned order dated 8th March 2010 petitioner was informed that his lease was withdrawn and fresh date for auction was to be fixed.;