- (1.) Heard Sri B.P. Mishra, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and learned counsel for the Gaon Sabha. By means of the present writ petition, the petitioner has prayed for issuing a writ of mandamus directing the respondent No. 1 to decide the petitioner's application dated 11.8.2014 and approve the bid of the petitioner for the pond in dispute.
(2.) The facts giving rise to this case are that with respect to pond over Khasra Nos. 304 and 305 measuring about 0.267 hectare and 0.3240 hectares respectively situated in Village Khairahva Jangal, Nautanwa, District Maharajganj, an advertisement was made in the news paper Rashtriya Sahara dated 25.6.2014, fixing 11.7.2014 for settlement of fishery lease. Pursuant thereto, two persons participated, out of which, the petitioner's bid was Rs. 60,900/-. The petitioner was required to deposit 1/4th amount, which he deposited, but no lease was executed. Thereafter, the petitioner filed an application on 11.8.2014 requesting the authority concerned to execute the lease pursuant to the auction held on 11.7.2014. When nothing was done, the petitioner has approached this Court through the present writ petition.
(3.) In this writ petition, on 10.12.2014, learned standing counsel was directed to seek instructions. Pursuant thereto, after number of dates, instruction was obtained and considering the same, on 1.4.2015 this Court has passed the following order: "Pursuant to the earlier order of this Court, learned standing counsel has sought instructions informing the Court that after the bid was over, one Sri Bibhuti Yadav and Sri Ram Milan had approached the auction officer and offered some more amount for the performance of the lease. On this, petitioner's bid has been cancelled. Learned standing counsel is directed to get the personal affidavit of Sub Divisional Officer concerned, swearing the contents of the instructions on affidavit within a period of 10 days. As prayed, put up this case on 17.4.2015 in the additional cause list. By that date, learned standing counsel shall file the required personal affidavit and on next date of listing, the concerned Sub Divisional Officer shall remain present before this Court alongwith complete records of the auction proceedings in order to assist the learned standing counsel." Pursuant to the aforesaid order, Sri Jay Chandra Pandey, Sub Divisional Officer, Nautanwa, Maharajganj has filed his personal affidavit. For the purpose of this case, perusal of paragraphs 5, 6 and 7 of the aforesaid affidavit would be necessary to be looked into, which are reproduced, herein, under: "5. That it may be submitted here that Sri Mangru son of Rupai and Sri Chandrika son of Jokhu have taken part in the auction, and the petitioner was the highest bidder for Rs. 60,900/-. 6. That after the auction, Sri Vibhuti Yadav and Sri Ram Milan moved their applications on 15.7.2014 and 16.7.2014 before the then Sub Divisional Officer, mentioning that the auction has been done in low money and without giving information, which caused loss to gaon sabha. It is further submitted that Sri Ram Milan wished to lease the land at Rs. 80,000/-, on the basis of which, the then Tehsildar on 18.7.2014 produced a report that Rs. 20,000/- may be deposited by Sri Ram Milan son of Santu as security amount and the auction may again be initiated by cancelling the auction dated 11.7.2014, upon which that then Sub Divisional Officer agreed on 28.7.2014, and directed to proceed in furtherance. A true copy of the applications dated 15.7.2014 and 16.7.2014, and a true copy of the letter dated 18.7.2014, is being filed herewith and marked as ANNEXURE Nos. 1, 2 and 3 to this personal affidavit. 7. That subsequent to above, Sri Ram Milan on 28.7.2014 deposited the amount of Rs. 20,000/- in the Naib Nazir Register No. 4, as such, the auction dated 11.7.2014 has been cancelled vide order dated 28.7.2014 of the Sub Divisional Officer.";