Anjani Kumar Mishra, J. - (1.) HEARD learned Counsel for the petitioner and learned Standing Counsel for the State -respondents. The writ petition has been filed challenging the order dated 11.12.2014 passed by the Sub -Divisional Magistrate, Hata, District Kushinagar. This order has been passed on an application by the Gram Pradhan. By this order, Inspector In -charge, Kotwali Hata has been directed to stop of illegal fishing being carried out by the petitioner in the ponds belonging to the Gram Panchayat.
(2.) THE facts of the case are that an auction was held on 6.6.2001. The ponds in question are alleged to have been settled in favour of the petitioners for a period of 10 years. Simultaneously 1/4th of the bid amount in the aforesaid lease is said to have been deposited by the petitioner.
(3.) IT is the case of the petitioner that these bids made by them being the highest bids were ultimately accepted on 19.7.2006. It is, therefore, contended that the lease would be operative for a period of 10 years from the date of its acceptance and, therefore, the petitioners are liable to fish in the ponds upto 18.7.2016. It appears that on 11.12.2014 the Pradhan made an application to the respondent No. 3, the SDM, Hata stating therein that the lease allotted by means of the auction dated 6.6.2001 had come to an end in 2011 since it had been granted for a period of 10 years only. Despite this expiry of the lease, the petitioners were illegally fishing in the pond causing financial loss to the Gaon Sabha. It is on this application of the Pradhan that the order impugned has been passed.;