- (1.) renewal of lease, Heard Sri S.P.Singh, learned counsel for the petitioner, learned standing counsel for the State-respondents, Sri D.D.Chauhan, learned counsel for the Gaon Sabha and Sri K.C.Pandey, learned counsel appearing as intervener.
(2.) Through this writ petition the petitioner has prayed for issuing a writ of certiorari quashing the order dated 20.6.2014 passed by the Sub Divisional Officer, Dhanghata District Sant Kabir Nagar rejecting the representation of the petitioner for approval of the proposal for execution of fishery right in favor of the petitioner over a pond, situated in village Deeppur Tehsil Dhanghata, district Sant Kabir Nagar, measuring about 27.944 hectares. It is contended that pursuant to the advertisement made in daily newspaper 'Amar Ujala' the petitioner participated in the auction on 4.12.2013 for settlement of lease and offered Rs. 30 lacks for a period of 10 years and also deposited 1/10th amount as required by the Tehsil authorities, receipt of which has been brought on record as Annexure 4 to the writ petition but the lease was not executed. Aggrieved by that the petitioner filed Writ C No. 19931 of 2014 (Gramin Machhua Samuday Samiti vs. State of U.P. and others) which has been disposed of vide order dated 14.4.2014 with the direction the Sub Divisional Officer to take a final decision within a period of one months from the date of production of a certified copy of the order of this Court. It is thereafter the decision was taken by the authorities on 20.6.2014.
(3.) While entertainng the writ petition this Court on 24.7.2014 has passed the following order: "Heard Sri S.Pratap Singh, learned counsel for the petitioner, learned standing counsel for the State respondent and learned counsel for the Gaon Sabha. The petitioner is aggrieved by the order dated 20.6.2014 passed by the Sub Divisional Officer, Dhanghata, district Sant Kabir Nagar on the representation of the petitioner pursuant to the order of this Court dated 16.4.2014 passed in Writ C No. 19931 of 2014 (Gramin Machhua Samuday Samiti Deeppur Sant Kabir Nagar vs. State of U.P. and others). It appears that for settlement of fishery lease over a pond, situated in village Deeppur Tehsil Dhanghata, district Sant Kabir Nagar, measuring about 27.944 hectares. The petitioner participated in the auction being a registered cooperative society of the Gaon Sabha and offered Rs. 30 lacks for a period of 10 years and also deposited 1/10th amount as required by the State authorities but the lease was not executed. Aggrieved by that the petitioner filed Writ C No. 19931 of 2014 in which on 14.4.2014 the Sub Divisional Officer was directed to take a final decision within a period of one months from the date of production of a certified copy of the order of this Court. Thereafter the petitioner filed a representation which has been rejected on the ground that other societies, i.e. block level, district level and State level have not participated in the auction. Learned counsel for the petitioner contends that in view of the Government Order dated 17.10.1995 which has been noticed by the Sub Divisional Officer requires that Gramin Machhua cooperative society of the village concerned shall be preferred for settlement of the lease and it is not in dispute that the petitioner is the society of the village, therefore, the impugned order could not be passed by the Sub Divisional Officer. He also contends that more than one years has passed the the Sub Divisional Officer was sitting tight over matter by not executing the lease hence the petitioner has been compelled to approach this Court for issuing direction for execution of the lease and it is thereafter the impugned order has been passed. In his further submissions more than a year has passed and due to non execution of lease the State has been put to loss of more than Rs. 3 lacs. Considering the submission of the learned counsel for the petitioner, learned standing counsel and the learned counsel for the Gaon Sabha are granted two weeks and no more time to file counter affidavit. Rejoinder affidavit, if any, be filed within one week thereafter. In addition to the counter affidavit, the Sub Divisional Officer is directed to file his personal affidavit explaining the reason for not executing the lease or refusing the same earlier. Prima facie it appears due to inaction of the respondents State has been put to suffer a huge loss. Put up this case in the additional cause list on 14th August, 2014 showing the name of Sri D.D.Chauhan, learned counsel for the respondent. Till 14th August, 2014 no auction shall take place. In case the same has taken place that will not be given effect to.";