Sunil Ambwani and Pankaj Mithal, JJ. - (1.) WE have heard Learned Counsel for the petitioner. Learned Standing Counsel appears for the respondents. The petitioner was awarded a contract of fishing rights, on the down stream of Rani Laxmi, Bai Saagar, Raj Ghat Dam Reservoir, Lalitpur for the season 2009 -10.
(2.) THE contract was entered, for a total amount of Rs. 3,65,101/ - , which was to be deposited in three equal instalments of Rs. 1,21,707/ - each upto 7.11.2010. Inspire of reminders, the petitioner did not deposit the balance amount of third installment of Rs. 48,700/ - of the third installment. Consequently the agreement was cancelled by order of the Executive Engineer, Raj Ghat Dam, Lalitpur on 9.5.2011, w.e.f. 7.9.2010. He has also forfeited the entire security amount of Rs. 63,000/ - . The petitioner has prayed for quashing the order, and to permit him to complete full period of contract. There are no pleadings to the effect that the petitioner was stopped from fishing w.e.f. 7.9.2010, and thus we presume that the petitioner has carried out the fishing upto 9.5.2011, when the order was issued, leaving a balance of about more than one month.
(3.) LEARNED Counsel for the petitioner submits that in view of the Government Order dated 8.3.2000, the agreement could have been cancelled only by the Regional Deputy Director of Fisheries, and not by the Executive Engineer of the Raj Ghat Dam, Lalitpur.;