GUMAN MAL LODHA, J. - (1.) THE Petitioner Mazid has filed this petition challenging the order of the Director Fishery, Government of Rajasthan Annexure 5 Dt. 19 -02 -1982 which reads as under: - - ...[VERNACULAR TEXT OMITTED]...
(2.) THE petitioner's case is that the offices of Bandh Nigo Mai Nadi, falls in the category of 'B' Class and an auction was conducted in pursunace of notice issued by the respondents The petitioner was the highest bidder and yet he is unable to get the contrcat. His bid was Rs. 10,000/ -. Respondents Nos. 1 and 2 have appeared through Mr. M.I. Khan, Govt Advocate. Shri Hamid Ali who claims to be an old contractor and having subsisting lease of this Band and river has also contested this writ petition. The short point involved in the case is whether the Bandh Nigo Mai Nadi, which was classified as 'B' Class by the Government itself and put to auction in December, 1981 was not a 'B' Class Band and whether the contention of respondents that it was a 'C' Class Bandh and was liable to be given for fiveyears, according to Rule 5 (1) (e) of the Rajasthan Fisheries Rules, 1958 are correct.
(3.) UNDOUBTEDLY the respondent No. 3 was accepted as a lease -holder for the period of five years commencing from 1979 -89 and the agreement was entered into in the prescribed Form 3 -A of the rules. In support of this, Annexure 5, itself makes a mention to it. The Learned Government Advocate has shown the original letters and lease deed which are for five years. However, according to Rule 5 (1) (c) the lease can be given from year to year and the lease period is five years. The period during these five years can be extended from year to year without any fresh auction.;