RAN VIJAI SINGH, J. - (1.) HEARD Sri Surya Pratap Yadav, learned counsel for the petitioner, learned Standing Counsel for the State -respondents, Sri D.D. Chauhan, learned counsel for the gaon sabha, Sri A.K. Sharma, learned counsel for respondent no. 4 and Sri S.P. Pandey, who has filed impleadment application on behalf of one Arjun Prasad, resident of Village Mahuli, Tehsil Ghanghata, Sant Kabir Nagar, who is not party in the writ petition.
(2.) THIS writ petition has been filed for issuing a writ of certiorari quashing the auction proceedings 30.6.2014 with respect to settlement of fishery lease of pond no. 141 measuring about 0.445 hectare situated in Village Kadsara, Tehsil Dhanghata, District Sant Kabir Nagar. The auction proceedings has been challenged on the ground that there was no proper advertisement for completion of the aforesaid proceedings as the notice was published in the newspaper Dainik Amar Ujala on 28.6.2014 fixing 30.6.2014 for auction. Further, there was no munadi in the village for the said purpose.
(3.) TAKING note of the submissions of learned counsel for the petitioner, while entertaining the writ petition on 22.7.2014, this Court has passed the following order: "The grievance of the petitioner is that pursuant to the advertisement dated 28th June, 2014 published in Amar Ujala Dainik from Gorakhpur, auction was held on 30th June, 2014. Two persons namely Sri Ram Charan and Sri Jagdish belonging to Kahar by caste have participated in the auction proceedings. The bid of Ram Charan was for Rs. 1,10,000/ - whereas the bid of Jagdhish was Rs. 1,11,000/ -. The highest bid of Jagdish was accepted and he was required to deposit one fourth amount. It is submitted that in absence of proper advertisement and paucity of time, other participants could not appear. Learned Standing Counsel submits that the petitioner do not fall in the eligibility zone as he belongs to scheduled caste and in the priority given in the government order dated 17.10.1995, Kahar is above to the schedule caste, therefore the writ petition is not maintainable but he could not satisfactorily answer the gap of two days in between advertisement and the auction. Learned Standing Counsel is directed to produce the record along with personal affidavit of concerned Sub -Divisional Officer approving the bid with reasons. Learned counsel for the Gaon Sabha is also directed to file affidavit containing the version of the Pradhan of the concerned village. Put up on 4th August, 2014 as fresh. " Pursuant thereto, Sri Ram Dularey Pandey, Sub Divisional Officer, Tehsil Dhanghata, District Sant Kabir Nagar has filed his affidavit, intimating the Court that because of the gap of only two days in between the publication of notice and the date of settlement of fishery lease, the proceeding has been cancelled with a direction to issue fresh advertisement.;