Ran Vijai Singh, J. - (1.) HEARD Sri Devendra Kumar Shukla holding brief of Sri R.P. Mishra, learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Tariq Maqbool Khan, learned Counsel appearing for the Gaon Sabha. With the consent of learned Counsel for the parties, both the writ petitions are taken up for final disposal.
(2.) THE writ petition No. 38841 of 2014 has been filed for issuing a writ of certiorari quashing the advertisement dated 15.7.2014 published in Amar Ujala fixing 6th August, 2014 for settlement of fishery lease over Pond No. 433 measuring about 0.672 hectare situated in village Khairahwa, Tappa Bedupar, Tehsil Hata, District Kushinagar whereas writ petition No. 36743 of 2014 (Singhasan v. State of U.P. and others) has been filed with the following prayers: - - (i) To issue a writ, order or direction in the nature of certiorari quashing the orders dated 9.5.2014 and 13.6.2014 passed by the respondent No. 2 (Annexure No. 8 and Annexure No. 10 to the writ petition respectively.) (ii) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to accept the 1/4th amount from the petitioner in pursuance of the auction dated 15.11.2013 and confirm the auction in favour of petitioner and to allot Pokhar/Khasra No. 433 having an area 0.672 hectare situated at Village Khairahwa, Tehsil Hata District Kushinagar finally in favour of petitioner in pursuance of the auction dated 15.11.2013 and execute the agreement in his favour for the period of next ten years as per bid submitted by the petitioner. (iii) To issue any other suitable writ, order or direction in the nature as this Hon'ble Court may deem fit and proper to meet the ends of justice under the facts and circumstances of the present case. (iv) To award cost of writ petition to the petitioner. The facts giving rise to these petitions are that earlier an auction was held with respect to the same pond and the petitioner had participated in the same and offered his bid but for Rs. 5,70,000/. - for the period of ten years and was placed at serial No. 3 whereas the persons, who, were placed at serial No. 1 and 2, have offered Rs. 22,00,000/ - and 21,50,000/ - respectively but they have not deposited the required amount as directed by the State authorities and in the event of failure of non -depositing the money, the petitioner has filed an application for accepting his bid, which was third highest amongst all for Rs. 5,70,000/ - but no order was passed by the Sub -Divisional Officer Hata, Kushi Nagar and the petitioner had been compelled to file Writ -C No. 11335 of 2014 (Singhasan v. State of U.P. and others). On 21.2.2014, the aforesaid writ petition was disposed of with the following observation: - - "Having heard learned Counsel for the parties, this writ petition is disposed of with the observation that for redressal of his grievance, the petitioner may file an appropriate application before the respondent No. 2. In case, such an application is filed along with certified copy of the order of this Court, appropriate order be passed thereon in accordance with law expeditiously but not later than two months from the date of filing of such application".
(3.) AFTER the service of the aforesaid order, the petitioner's representation was rejected by the Collector Kushinagar, vide order dated 9th May, 2014, while doing so the Collector Kushi Nagar has recorded the reason that there is much difference in the previous two bids which were for Rs. 22,00,000/ - and Rs. 21,50,000/ - and the petitioner's bid which was for Rs. 5,70,000/ -. Against this order, petitioner has filed an application seeking recall of this order, which too was dismissed on 13.6.2014.;