VIJAI PAL Vs. STATE OF U P
LAWS(ALL)-2014-3-71
HIGH COURT OF ALLAHABAD
Decided on March 11,2014

VIJAI PAL Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

Ran Vijai Singh, J. - (1.) LEARNED Counsel for the petitioner is permitted to implead the concerned Gaon Sabha as respondent No. 6 and serve a copy of the writ petition to the learned Counsel appearing for the Gaon Sabha. This writ petition has been filed with the following prayers: 1. issue a writ, order or direction in the nature of certiorari quashing the impugned auction dated 18.8.2013 and granted patta dated 19.8.2013 issued by respondent Nos. 4 and 3 respectively (Annexure 5 to the writ petition),
(2.) ISSUE a writ, order or direction in the nature of mandamus commanding/directing the respondents to consider and decide the representation dated 4.9.2013 filed by the petitioner forthwith. Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(3.) AWARD cost of the writ petition in favour of the petitioner. 2. Heard Sri Vinod Kumar (Jaiswal), learned Counsel for the petitioner, learned Standing Counsel appearing for the State -respondents and the learned Counsel for the Gaon Sabha. 3. In substance the petitioner appears to be aggrieved by grant of fishery lease on 19.8.2013 in favour of respondent No. 5. Submission of the learned Counsel for the petitioner is that the lease has been granted in complete derogation of the Government Order dated 17.10.1995. 4. An objection has been raised by the learned Counsel for the respondents that against the grant of lease the petitioner has remedy to file an application seeking cancellation of lease before the Collector/District Magistrate, Bareilly. In view of the law laid down in a Full Bench decision of this Court in Ram Kumar and others v. State of U.P. and others,, 2005 (99) RD 823 the writ petition is dismissed. The petitioner, if so advised, may file an application seeking cancellation of the lease dated 19.8.2013.;


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