MAHESH CHANDRA TRIPATHI,J. - (1.) Heard Shri Nagendra Pratap Singh, learned counsel for the petitioner; Shri Rajesh Srivastava, learned Standing Counsel for the State respondent nos.1 and 2; Shri R.C. Upadhyay, learned counsel for respondent no.3 as well as Shri Om Prakash, learned counsel for contesting respondent no.4.
(2.) The petitioner is before this Court assailing the order dated 09.4.1018 passed by the second respondent, Sub Divisional Magistrate, Tehsil Budhanpur, District Azamgarh, by which he has proceeded to cancel the petitioner's fishery lease dated 15.3.2018 on Gata No.650/M (Pokhari area 0.2400 hectares) situated in Village Bhagatpur, Tehsil Budhanpur, District Azamgarh and for direction to the respondents not to interfere in his fishing right on the plot in question during the tenure of the lease.
(3.) Record in question reflects that an advertisement was published in daily newspapers on 12.2.2018 fixing 15.3.2018 for settlement of fisheries lease in accordance with the relevant Government Orders by organizing a camp in Tahsil Budhanpur, District Azamgarh for various ponds mentioned therein. In pursuance of the aforesaid advertisement, the petitioner also applied and his bid was accepted by the second respondent. The petitioner has deposited the entire amount on 16.3.2018. Thereafter, the fourth respondent namely Dharampal, who is also tenure holder of Gata No.650M area 0.0510 hectares, moved an application under Section 116 of U.P. Revenue Code, 2006 before the second respondent, stating that the aforesaid Gata has not been divided and his suit under Section 116 of U.P. Revenue Code, 2006 for division of the said Gata is pending and as such, the fishery lease cannot be settled in favour of the petitioner. The said application has been forwarded by the Lekhpal to the Naib Tehsildar on 20.3.2018 stating that the area of Pokhari is short on spot and without affording any opportunity of hearing to the petitioner, the impugned order has been passed.;