S.U.Khan, J. - (1.) LIST revised. No one appears for respondents No.5 and 6. Heard learned counsel for the petitioner. Dispute relates to grant of 10 years fisheries lease in respect ponds comprised in Plot No.228, area 0.445 hectares, Plot No.259, area 0.293 hectares and plot No.260, area 0.332 hectares. Petitioner has alleged that on Tehsil Diwas dated 17.06.2003, the fisheries lease for the aforesaid period in respect of the aforesaid ponds were granted for Rs.21,000/-, Rs.20,000/- and Rs.35000/- respectively to respondents No.5 and 6. The first two ponds were allotted to respondent No.5 and last pond to respondent No.6. Petitioner further claims that she belongs to Kahar community. Petitioner filed objections before S.D.O. Nichlaul District Maharajganj. In her objection, petitioner offered to pay Rs.40,000/- for the first two ponds and Rs.70,000/- for the third pond. Petitioner also filed an application before D.M. on 27.06.2003. S.D.O. through order dated 27.06.2003 cancelled the settlement of fisheries lease in respect of pond No.228, however no order was passed in respect of other two ponds. Through this writ petition, prayer for cancellation of the auction/settlement of fisheries lease dated 17.06.2003 as confirmed on 27.06.2003 has been made and it has also been prayed that fresh auction should be held for ponds No.259 and 260. In the counter affidavit filed by respondents No.5 and 6, it has been stated that through duggi and munadi in the village, it had been informed to the residents of the village Bhagwanpur that settlement of fisheries lease/auction would take place on 17.06.2003. It has also been stated that possession was delivered to the contesting respondents over the ponds in dispute after auction/settlement. In a Full Bench authority of this Court reported in Ram Kumar Vs. State, 2005 (99) RD 823, it has been held in Para-29 that settlement of fisheries should be made after giving opportunity to all eligible persons to participate and for the said purpose advertisement shall be issued in newspapers. Para-29 is quoted below:- "29. The settlement of fishery according to the directions under Section 126 of 1950 Act is settlement of property vested in the Gaon Sabha which should be done in a prescribed manner giving opportunity to all eligible persons to participate. The Revenue Officers, who are entrusted with duty, shall ensure proper advertisement of the date of settlement so that all persons who are eligible to participate have sufficient notice of the proposed settlement. The Government order itself contemplate "wide publicity". The Sub Divisional Officer himself should see that wide publicity is made. Now a days newspapers having wide circulation in the area is surest mode to publish a proposed settlement. As a general rule the Sub Divisional Officer should publish in a newspaper having wide circulation of the settlement of fishing right to enable all concerned to participate. As observed above, in the event there are more than one person in one particular category of preference, the Sub Divisional Officer is not prohibited to award the said fishing right by inviting bids by tender or auction." Even prior to the said full bench, there were several authorities (mentioned in the Full Bench), which had laid down that advertisement in the newspaper must be made before settlement of the fisheries lease. I have discussed the said full bench authority in the judgment reported in Satya Vrat Singh Vs. State, 2006 (5) ALJ 549. In the said judgment, I have set aside the G.O. dated 23.02.2006, which was issued on the wrong interpretation of Full Bench authority of Ram Kumar. According to the Full Bench authority, the preferential categories mentioned in the G.O. dated 17.10.1995 will have to be given preference in the matter of settlement of fisheries lease. However, if no person belonging to preferential category is available or interested in taking the fisheries lease or there are more than one persons belonging to same preferential category interested in taking the fisheries lease, then auction has to take place. Moreover, in Babban Ram Vs. State 2004 (97) RD 675, I have held that fisheries lease must be settled at least on Rs.10,000/- per hectare per year. Accordingly, writ petition is allowed. Settlement of the fisheries lease in favour respondents No.4 and 5 dated 17.06.2003 as confirmed on 27.06.2003 is set aside. S.D.M. Nichlaul District Maharajganj is directed to at once take back the possession of the ponds from respondents No.5 and 6 if they are still in possession and shall settle the fisheries lease in the light of the observations made in the body of this judgment after advertisement and through auction if required. The date on which fisheries lease is to be settled and auction, if necessary is to take place, should be advertised in daily Hindi Newspapers, ''Dainik Jagaran' or ''Amar Ujala' published from Gorakhpur at least a week in advance. Office is directed to supply a copy of this order free of cost to Sri S.P. Mishra, learned standing counsel.;