RAM SURAT RAM (MAURYA),J. - (1.) HEARD Sri D.B. Yadav for the petitioner and Standing Counsel, Sri D.D. Chauhan, Standing Counsel for Gram Panchayat and Sri K.P. Pandey, for respondent -6. The counsel for the respondents do not propose to file counter affidavit. With the consent of the parties writ petition is decided finally.
(2.) THIS writ petition has been filed against the order of the Collector (respondent -2) dated 26.02.2014, passed on the application filed by Mustak Ahmad (respondent -6) for cancellation of fisheries patta of the petitioner. It has been stated that after due publication, auction for fisheries right was held 06.06.2013, in which highest bid of the petitioner of Rs. 9,20,000/ - per year has been accepted. Mustaq Ahmad, the Pradhan of the village made a complaint that auction money was less and it could be more. On which Sub - Divisional Officer, by letter dated 27.07.2013, asked the Pradhan to produce the person, who was interested for giving more auction money. The Pradhan, in stead of producing any such person, filed another complaint dated 26.07.2013 before the Collector alleging that irregularities were committed in auction. On which Fisheries Development Officer conducted an inquiry in the village and submitted his report dated 10.10.2013 that complaint of Pradhan was baseless. Sub -Divisional Officer then by order dated 25.10.2013 confirmed the auction. The petitioner deposited the required money on 26.10.2013 and Lease was executed by Sub Divisional Officer, Khalilabad on 28.10.2013, giving fisheries right in the pond situated in plot 1192 (area 9.156 hectares) of village Budhan Nagar, tahsil Khalilabad, district Sant Kabir Nagar for a period of 10 years on the lease rent is of Rs. 9,20,000/ - per annum.
(3.) THEREAFTER , the Pradhan along with four other persons filed another complaint dated 15.01.2014 before the Collector, alleging therein that on the spot along with plot 1192, surrounding plots of private persons also submerged in water. The private owners of the land also use to catch fish from this pond. The water of this pond was also used for irrigation by the villagers. After auction, a serious problem has arisen on the spot. On this complaint a fresh inquiry was conducted and Tahsildar submitted a fresh report dated 24.01.2014, mentioning therein that the portion of plot 1192 for which lease in favour of the petitioner has been granted, is separate on the spot from the land of private persons. Allegations made in the complaint were again found to be false. Additional Collector by his order dated 25.01.2014 dropped the proceedings and directed the local police to protect the fisheries right of the petitioner.;