- (1.) These two connected writ petitions in which counter and rejoinder affidavits have been exchanged between the parties, have been heard together and with the consent of learned counsel for the parties are being finally decided.
(2.) Writ petition No. 69625 of 2010 (hereinafter referred to as 'first writ petition') has been filed by the petitioner seeking quashing of the entire auction proceedings held on 25.6.2010 for settlement of fishing rights in Sarua Tal. A writ of mandamus also been sought for commanding the respondents to hold fresh auction for settlement of contract of fishing right. The second writ petition No. 62243 of 2011 (hereinafter referred to as 'second writ petition') has been filed by the petitioner challenging the order dated 14.10.2011, passed by the Additional District Magistrate directing the Tahsildar to effect recovery of Rs. 1,21,190/- in pursuance of the recovery certificate dated 8.2.2011. A prayer has also been made for quashing the letter dated 4.2.2011 sent by the Deputy Director Fisheries, Gorakhpur to District Magistrate, Gorakhpur for issuing recovery certificate for recovery of Rs. 1,44,000/- from the petitioner.
(3.) The facts giving rise to first writ petition being writ petition No. 69625 of 2010, as emerged from pleadings of the parties are; the petitioner no. 1 is a registered cooperative society of fishermen under the U.P. Co-operative Societies Act, 1965 on 29.5.1973. The State Government issued various Government Orders laying down manner and procedure for grant of fishing right in ponds/reservoirs in the State. Ponds/ Tals have been categorised in four categories. The Sarua Tal which has an area of 256 hectares is category-3 Tal. The State Government had issued various Government Orders including Government Order dated 8.3.2000 which laid down the manner of management of different categories of reservoirs/Tals under the Fisheries Department and Fishing Development Corporation. Paragraph 4 of the Government Order dated 8.3.2000 provided that right of management of pond be made through open auction and the first round auction would be held only amongst the registered Matsya Jivi Sahsakari Societies and in the event required amount is not received, then in second round along with registered cooperative societies, the contractors be allowed to participate in the auction. By Government Order dated 16.1.2006, the procedure laid down in paragraph 4 of the Government Order dated 8.3.2000 was amended and the manner of settlement as provided by the Government Order dated 16.1.2006 provides for five rounds of auction. In first round, the registered Co-operative Societies situated in geographical area of Tal of concerned Gaon Sabhas and concerned blocks will be permitted to participate along with self help group. In the second round along with societies mentioned in the first round, registered societies falling in geographical area of Tahsil and District Level be allowed to participate. In the third round, along with societies mentioned in first and second rounds, the divisional level registered societies be allowed participation and in fourth round, apart from the above, any societies registered in the State be allowed participation and in fifth round, in case reserved price is not received, the contractors shall also be allowed participation.;