- (1.) Heard learned Counsel for the parties.
(2.) In this case on 11.05.2011, 20.05.2011, 23.05.2011 and 30.05.2011 following orders were passed. 11.05.2011 It is shocking to know that a pond of more than three hectares which was let out to Petitioner for Rs. 73,000/- per year has been let out by the Deputy Collector Tehsil Budhana, District Muzaffarnagar to Respondent No. 5 Ishaq Ahmad claiming to be a member of Muzaffarnagar Matsyajeevi Sahakari Samiti Ltd. for only Rs. 3,100/- per year. Respondent No. 5 and the Deputy Collector are equal partners in loot of the Government property to the extent of Rs. 70,000/- per year. The Deputy Collector who passed the order shall immediately file his personal affidavit to show cause as to why recommendation for initiating disciplinary proceedings against him after suspending him shall not be made and why he shall not be liable to reimburse to the Government 50% of the amount embezzled by him in collusion with Respondent No. 5. List peremptorily at the top of the list on 20.05.2011. Till 20.05.2011, the deputy Collector concerned, where ever at present he may be is restrained from discharging any important function apart from routine work. Learned Chief Standing counsel is directed to ensure compliance of this order. Office is directed to supply a copy of this order free of cost to Learned Chief Standing counsel today. 20.05.2011 Put up on 23.5.2011. After hearing learned Counsel for the parties, if it is considered appropriate to auction the pond, between the Petitioner and the Respondent No. 5, then the auction would be held on that date in the Court. 23.05.2011 Learned Counsel for the Petitioner states that even though on 11.04.2008 he gave a statement that Petitioner was no more interested in taking fisheries lease of the pond in dispute, however, now the Petitioner is ready to take the fisheries lease. Learned Counsel for the Respondent No. 5 states that due to the statement of the Petitioner as recorded in the order dated 11.04.2008, he could not file counter affidavit on behalf of the Respondent No. 5. Accordingly, let the counter affidavit be filed within three days. Put up on 27.05.2011. On no future date Deputy Collector need be present in Court unless specific order in that regard is passed. 30.05.2011 Rejoinder affidavit has been filed. Learned Counsel for the Respondent no5 states that earlier patta was granted to the Society and copy of the same has been annexed as Annexure C.A.-1. However, learned Counsel for Respondent No. 5 has 2 categorically stated that his client is not interested in participating in the bid. However, learned Counsel for Respondent No. 5 states that Respondent No. 5 is ready to take the fisheries lease at Rs. 10,000/- per hectare per year. Judgment reserved.
(3.) The matter pertains to grant of 10 years fisheries lease in respect of pond comprised in plot No. 251 M area 3.0480 hectare situate in Gram Panchayat Habibpur Sikari, Tehsil Budhana, District Muzaffarnagar. The lease was initially settled in favour of the Petitioner through public auction on 07.01.2005. Petitioner's bid of Rs. 73,000/- per year was highest. The S.D.O./Deputy Collector through five words order cancelled the auction on 07.07.2006. Thereafter, it appears that some recommendation was made for allotment of the pond in favour of a society by the name of the Matsyajeevi Sahkari Samiti Limited, Muzaffarnagar of which Respondent No. 5 is a member. The S.D.O./ Deputy Collector through three word order "approved as proposed" granted the lease to the Respondent No. 5 society on 06.12.2006. The lease was granted for Rs. 3100/- per year which is only 4% of Rs. 73,000/-, the yearly rent for which lease was granted to Petitioner. In this manner the S.D.O. (along with is subordinate staff) and the society jointly looted Government/ Gaon Sabha property.;