S.H.A.Raza, J. - (1.) Matsya Jeevi Sahkarl Samlli Ltd.. Bakia Pahalwan, pargana Bidhar, tehsil Alapur, district Ambedkar Nagar through its President has filed the present writ petition praying that the order dated 20.2.97 passed by Up Zila Adhikari. Alapur be quashed and a direction in the nature of mandamus commanding the opposite parties to treat the petitioner's society as the licence holder/lease holder to carry on the fishing in the tank in question be Issued.
(2.) According to the impugned order, earlier the fishing rights were given to 58 fishermen, with effect from 5.7.83 to 4.7.93 for a period of ten years. After some time, a dispute arose between the licence/lease holders and the tank was divided into two parts and the contesting parties started fishing in the said tank. Out of those 58 persons only 22 lease holders deposited the licence fee and out of 36 who did not deposit the fee. 5 expressed their unwillingness to take the lease in future because they did not reside in the said village. The remaining 31 licence holders are related with sixteen families of the fishermen. They joined together and formed a Co-operative Society. There is another society also in the said village which is known as Machhua Kalyan Samiti. The said Society is registered under the Societies Registration Act for purposes of development of handicraft and Small Scale Industries.
(3.) It was averred in the order that when the question arose as to which of the society be given the lease for the period commencing from 5.1.95 to 4.1.2005. the petitioner's society became successful in obtaining the Patta. Lateron a revision was filed before the Commissioner who remanded the matter to the Collector, because he was not vested with the power to decide that question. The Up Zila Adhikari by means of his order dated 20.2.97. cancelled the Patta which was granted in favour of the petitioner and granted lease to 61 families of the fishermen who were traditionally engaged in fishing.;