Court No. - 29 Case :- WRIT - C No. - 35951 of 2010 Petitioner :- Satish Kumar Respondent :- State Of U.P. And Others Petitioner Counsel :- K.K. Dwivedi,Awadhesh Kumar Sharma Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and learned
Standing Counsel for the State-respondents.
From the records of the present writ petition it is apparently
clear that application made by the petitioner for grant of
lease of the pond for the purposes of fisheries rights, was
disposed of under order of the Deputy-Collector, Shamli,
Muzaffarnagar dated 30th September, 2009 recording that
after digging work of pond is completed, settlement of
fisheries rights shall be affected in accordance with law and
in such proceedings petitioner may also participate. There is
nothing on record to establish that any settlement of
fisheries rights after digging work of the pond was
completed, has taken place in accordance with law
applicable. It is not stated as to when any advertisement
was made for settling the rights and as to on what date
applications from public at large was invited to participate in
the process of selection for grant of lease. What is stated is
that on 19th January, 2010, a patta has been executed in
favour of the petitioner and on the strength of the patta so
executed, petitioner has come up for a mandamus to be
issued to the officers to repair the walls of the pond under
the NAREGA scheme.
This Court is not in a position to form a firm opinion on the
basis of records made available that lease in favour of the
petitioner has been affected in accordance with law,
inasmuch as there is no adverment on record to establish
that any information was published inviting applications from
eligible persons for participation in the selection process for
grant of fisheries rights of the pond in question.
Therefore, this Court refuses to exercise its discretion to
interfere in the matter under Article 226 of the Constitution of
India.
The present writ petition is accordingly dismissed.
(Arun Tandon, J.)
(Rajesh Chandra, J.)
Order Date :- 21.6.2010
Sushil/-