Court No. - 6 Case :- WRIT - C No. - 71654 of 2009 Petitioner :- Ganesh Respondent :- State Of U.P. And Others Petitioner Counsel :- Praveen Kumar Singh Respondent Counsel :- C.S.C.,Mahesh Narain Singh,Satyendra Kumar Singh Hon'ble Arun Tandon,J.
The Assistant Director, Fishery, Chandauli has informed the Sub Divisional
Magistrate, Sakaldeeha that the pond in question was transferred to the
Fishery Department under the Government Notification dated 13.08.1953 and
for last so many years auction of fishery rights is being done by the Fishery
Department only. For the first time the Revenue Department has auctioned the
fishery right qua the same pond, which was illegal.
Having heard counsel for the parties and having gone through the records, I
am of the considered opinion that since there is a dispute between the Fishery
Department and the Revenue Department qua title over the pond in question,
it would be appropriate that the matter may be examined by the District
Magistrate himself at the first instance.
In view of the aforesaid, writ petition is disposed of with liberty to the
petitioner to make a representation ventilating all his grievances before the
District Magistrate concerned within two weeks from today along with
certified copy of this order. On such representation being made, the District
Magistrate shall consider and decide the same by means of a reasoned
speaking order, preferably within four weeks from the date the representation
is so filed, after considering the claim of both the departments.
Order Date :- 5.1.2010
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