Ram Surat Ram (Maurya), J. - (1.) Heard Sri D.R.S. Chauhan for the petitioner, Standing Counsel for respondents No. 1 and 2, Sri R.C. Upadhyay for respondent No. 3 and Sri A.P. Singh for respondent No. 4. The writ petition has been filed against the order of Board of Revenue U.P. dated 29.6.2015 by which revision filed by respondent No. 4 against the order of Collector dated 1.10.2014 canceling the fisheries lease of respondent No. 4 has been allowed and the order of Collector has been set aside.
(2.) The dispute relates to a pond on plot No. 206 area 0.696 hectares of village Vyawahra, Pergana -Devgaon, Tehsil -Lalganj, District -Azamgarh. On behalf of Collector a notification in newspaper has been published on 9.6.2013 for auction of the ponds of various villages, in which pond of plot Nos. 140, 190, 206, 241, 369 and 596 of village Vyawahra were also notified for auction. The date of auction was fixed as 25.6.2013. In the report of the Tehsildar dated 14.7.2013 submitted to Sub -Divisional Officer, it has been mentioned that on 25.6.2013 two persons namely Ram Lautan and Om Prakash moved an application for participation in the auction in respect of pond of plot No. 206. Since the auction of various ponds were scheduled to be held on 25.6.2013, as such the auction of pond of plot No. 206 could not be held on 25.6.2013 and the participants were called upon for auction on 4.7.2013. On 4.7.2013 the highest bid of Ram Lautan (respondent No. 4) was accepted which was approved by Sub -Divisional Officer by order dated 14.7.2013 and in pursuance thereof the fisheries lease had been granted to Ram Lautan (respondent No. 4). Thereafter, Munna Kahar, the petitioner filed an application dated 11.2.2014 before the Collector, Azamgarh for cancellation of fisheries lease of Ram Lautan dated 13.7.2013 -14.7.2013 registered on 1.8.2013. It has been stated in the application that the fisheries lease has been granted to respondent No. 4 on 13.7.2013 - 14.7.2013 without following any procedure. Respondent No. 4 is a prosperous person and living in Bombay and he was not eligible for grant of fisheries lease. The application was got dismissed as withdrawn by order dated 12.6.2014. Thereafter, the petitioner filed Writ Petition No. 33553 of 2014 before this Court for cancellation of the fisheries lease dated 13/14.7.2013 of respondent No. 4. In this writ petition, filing of the application before the Collector for cancellation fishery lease and its dismissal as withdrawn, have not been disclosed. The writ petition was dismissed by order dated 17.7.2014 giving liberty to the petitioner to file an application for cancellation of fisheries lease before the Collector and it was observed that in case the application is filed within two weeks along with certified copy of the order then the District Magistrate was to decide the same in accordance with law without entertaining any objection of limitation, within a period of three months. Thereafter, the petitioner filed the application before the District Magistrate on 6.8.2014 under Sec. 198(4) of U.P. Act No. 1 of 1951 for cancellation of fisheries lease of respondent No. 4. The application of the petitioner was heard by District Magistrate who by order dated 1.10.2014 found that in the publication dated 9.6.2013 the date of auction was fixed as 25.6.2013. Thereafter, without any order and information the date of auction was postponed for 4.7.2013, due to which apart from two persons namely Ram Lautan and Om Prakash who were uncle and nephew, no other person had participated in the auction. Thus the proper publication of auction has not been made and due to which it appears that the auction was held in collusive manner. On this finding he allowed the application of the petitioner and set aside the fisheries lease of Ram Lautan, respondent -4 and directed for taking proceeding of fresh auction and allotment of the fisheries lease of pond of plot No. 206.
(3.) Ram Lautan filed a revision registered as Revision No. 11 of 2014 -2015 against the aforesaid order before the Board of Revenue. The Board of Revenue by the impugned order dated 29.6.2015 held that the proper publication for auction for pond of plot No. 206 made in the newspaper on 9.6.2013 fixing a date as 25.6.2013 and on that date the auction could not be held. As such the auction was held on 4.7.2013 for which the Gaon Sabha had no objection. The allottee Ram Lautan (respondent No. 4) is a man of scheduled caste. The petitioner has already not pressed his previous application filed for cancellation of fisheries lease and the present application was not filed within two weeks from the order of High Court. All theses facts have not been considered by the Collector. On these findings he allowed the revision and set aside the order of Collector dated 1.10.2014. Hence this writ petition has been filed.;