RAM SURAT RAM, J. - (1.) HEARD Sri H.N. Singh, Senior Advocate, assisted by Sri Pramod Kumar, for the petitioner and Standing Counsel, for State of U.P., Sri T.M. Khan, Standing Counsel for Gram Panchayat and Sri Amit Saxena, along with Sri Amrendra Kumar Singh, for Urmila Devi.
(2.) WRIT C No. 49789 of 2013 has been filed against the order of the Collector dated 31.05.2013, enhancing lease rent of fisheries lease of tank, situated at plot 185 -Ga (area 12.797 hectare) of village Sakhani, tappa Malsi Saraini, tahsil and district Deoria.
(3.) WRIT B No. 52726 of 2014 has been filed against the order of Board of Revenue, U.P. dated 31.07.2014, cancelling fisheries lease of the petitioner of tank, situated at plot 185 -Ga (area 12.797 hectare) of village Sakhani, tappa Malsi Saraini, tahsil and district Deoria. The petitioner's case is that Land Management Committee advertized by beat of drum on 21.09.2006 for the meeting scheduled on 30.09.2006 for grant of fisheries lease of tank, situated at plot 185 -Ga (area 12.797 hectare) of village Sakhani, tappa Malsi Saraini, tahsil and district Deoria. Thereafter, Tahsildar Deoria advertized in news paper "Hindustan Ka Swarup" on 08.11.2006 for auction of fisheries lease of tank, situated at plot 185 -Ga (area 12.797 hectare) of village Sakhani, tappa Malsi Saraini, tahsil and district Deoria at tahsil head quarter on 21.11.2006. In pursuance of the aforesaid advertisement, the petitioner applied for participation in the auction. The petitioner was the only candidate as such fisheries lease was proposed to the petitioner at the rate fixed by the Collector i.e. Rs. 1000/ - per hectare for ten years by Tahsildar on 21.11.2006, which was approved by Sub -Divisional Officer on 29.11.2006. The petitioner deposited 1/4th of the auction money on 21.11.2006 and lease deed was executed on 30.11.2006 for a period of 29.11.2006 to 28.11.2016. In pursuance thereof the petitioner has been continuously exercising his fisheries right in aforesaid tank.;