- (1.) The petitioner has approached this Court seeking writ of certiorari to quash the communication dated 4.11.2015 issued by the Director (Fisheries), U. P., Lucknow stating that the highest bid amount of Rs.24.25 lakhs offered by him was much less than the bid amount of Rs.60 lakhs received from the previous year's auction held on 17.12.2014, as such, the same is not accepted and the minimum reserved price of Rs.22 lakhs be reconsidered and thereafter a fresh auction to be held. A further prayer has been made to command the respondents to accept the highest bid offered by him in the auction held on 14.9.2015 within a period to be specified by this Court and permit him to commence the fishing rights in respect of Dhandhraul Dam Category-I at Sonebhadra.
(2.) The Deputy Director (Fisheries), Vindhyachal Division, Mirzapur published a notice dated 4.9.2015 for settling the rights for breeding and fishing in the 4 dams situate in Districts-Sonebhadra and Mirzapur, which included Dhandhraul Dam Category-I. The minimum reserved price for the dam in question was fixed as Rs.22 lakhs. The petitioner participated in the public auction held on 14.9.2015 and offered a bid of Rs.24.25 lakhs for the first year. The bid offered by the petitioner was highest at the close of the auction. The petitioner deposited 25 % of the bid amount. However, since the sanction was not accorded by the Director (Fisheries), the agreement with the petitioner could not be executed.
(3.) From the pleadings of the writ petition, it appears that during last year the fishing rights was auctioned for a sum of Rs.60 lakhs. Respondent no.5 made a complaint to the Chief Minister alleging that he wanted to deposit the security money for participating in the auction on 14.9.2015 at about 12.40 pm, but the same was not accepted by the Deputy Director (Fisheries) on the ground that the auction has already been settled in favour of the petitioner for a sum of Rs.24.25 lakhs. The complainant was ready and willing to make an offer of Rs.27 lakhs. From the pleadings it further appears that the aforesaid complaint letter was forwarded by local M. L. A. of the ruling party to the Office of Chief Minister along with his covering letter dated 18.9.2015 stating that the auction held on 14.9.2015 has resulted in loss of revenue to the State and fresh auction be held. There is an endorsement on the said letter of the Special Secretary to Chief Minister directing the District Magistrate, Sonebhadra to take appropriate action in the matter. It further appears that after the matter was forwarded from the Office of the Chief Minister to the District Magistrate, the Director, Fisheries issued a letter dated 4.11.2015 directing the Deputy Director, Fisheries, Vindhyachal Division, Mirzapur to cancel the bid of the petitioner and to revisit the minimum base price of Rs.22 lakhs fixed for the same and to re-auction.;