SHABIHUL HASNAIN,J. - (1.) Heard Sri R. D. Sahi, learned counsel for the petitioner, learned Standing counsel for opposite party Nos 1, 2 and 3, Sri Azad Khan for opposite party No.4 and Sri Hari Om Singh for opposite party No.5.
(2.) Petitioner has challenged order dated 23.3.2015 passed by Additional Commissioner, as contained in Annexure no.1 to the writ petition. By this order the revision No.1114 of 2012 -13 under Section 333 of U.P.Z.A. & L.R. Act, District Ambedkar Nagar has been allowed and the order passed by Additional Collector, Ambedkar Nagar dated 8.1.2003 was set aside.
(3.) Brief facts of the case are that the talab bearing Gata No.887Da having area 17.1730 hectares, Gata NO.848 Ka having area 6.1580 hectares and Gata No.856 Kha having area of 35.1410 hectares situated in Village Panchayat - Sandaha Majgawan, Block Ram Nagar, Tehsil -Alapur, District Ambekdar Nagar were directly allowed to opposite party No.5 for fishing rights for a period of ten years on the basis of resolution made by the Gram Panchayt Sandaha Majgawan and the same has been approved by the Deputy Collector, Alapur on 4.5.2011 and an authority letter dated 31.5.2011 was also issued in favour of opposite party No.5. Being aggrieved petitioner's Samiti filed an appeal for cancellation of aforesaid talab before the Additional District Magistrate, Ambedkar Nagar. Petitioner submitted relevant material to prove the arrears of rent against opposite party No.5 on which basis Additional District Magistrate called a report from tehsil authorities in which it was found that huge amount is due against opposite party No.5 towards the arrears of rent of the aforesaid talab. The two appeals filed by the petitioners against the allotment of the talab were decided by Additional District Magistrate vide two separate orders dated 8.1.2013 and set aside the illegal allotment made in favour of opposite party No.5. In respect of talab bearing Gata No.184 Kha no revision was filed against the order of Additional District Judge which attained finality but in respect of talab bearing gata No.847 Da opposite party No.5 filed revision bearing Revision No.1114/2012 -13 before Commissioner, Faizabad Division against order dated 8.1.2013 in which interim order was grant in favour of opposite party No.5 on 28.3.2013. Being aggrieved against the order dated 28.3.2013 the petitioner filed a writ petition No.2778 (M/S) of 2014 in which this Court vide order dated 7.5.2014 directed the Commissioner to decide the aforesaid revision within a period of three months. When the revision was not decided within this time, petitioner filed a contempt petition. Thereafter, the impugned order dated 23.3.2015 was passed allowing the revision of opposite party No.5.;