M.KATJU, J. - (1.) This writ petition has been filed for a writ of certiorari quashing the fishery lease granted to respondent No. 3.
(2.) Heard learned counsel for the parties.
(3.) The facts of this case are that there is a pond situate at village Balepar, district Sant Kabir Nagar, U.P. The lease of the pond was earlier granted to one Nabi Sarwar and that lease expired on 7-7-1999. Thereafter a lease was to be granted. It is alleged in paragraph 3 of the writ petition that the Gram Panchayat of the village passed a resolution dated 18-12-1999 to the effect that the lease should be granted in favour of the petitioner society @ Rs. 8,500/- per year for a period of ten years. True copy of the resolution of the Gram Panchayat is Annexure 2 to the petition. In paragraph 4 of the petition it is alleged that in compliance of the above resolution of the Gram Panchayat the petitioner society was given possession of the pond and it deposited Rs. 8,500/- with the Gram Sabha. A true copy of the receipt of the same is annexed as Annexure 3 to the petition. The resolution of the Gram Panchayat was sent to the Sub-Divisional Officer for approval but the said authority did not pass any order of approval on the resolution of the Gram Panchayat.;