Court No. - 6 Case :- WRIT - C No. - 47654 of 2010 Petitioner :- Bharat Kumar Respondent :- The State Of U.P. & Others Petitioner Counsel :- P.S. Sharma,A.P. Tewari Respondent Counsel :- C.S.C. Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
By means of this petition, the petitioner has challenged the
approval granted by the Sub Divisional Magistrate, Sakaldiha,
Chandauli for execution of lease for fishing rights in the pond in
question in favour of respondent no. 4, who was highest bidder on
the ground that auction proceedings was held without wide
publicity and the settlement has been made for a meagre amount.
In view of the provisions contained in the Government Order dated
17.10.1995, the Collector has been conferred with the power to
consider the challenge and cancellation of the lease. A Full Bench
of this Court in the case of Ram Kumar Vs. State of U.P. and
others {2005} (99) RD 823 has held that according to the scheme
of the directions under Section 126 of 1950 Act itself, Collector
has been given power to cancel the lease. As per the scheme of the
Government Order any aggrieved person can approach the
Collector for cancelling the lease. It has further been observed that
Collector when considers an application for cancelling the lease, it
decides a lis between parties and act as Revenue Court and the
order passed by the Collector cancelling the fishery lease is clearly
amenable to revisional jurisdiction as provided under 1950 Act
In view of the fact that the petitioner has efficacious statutory
alternative remedy of approaching the Collector under the
provisions of the Government Order dated 17.10.1995, this writ
petition is not liable to be entertained and accordingly stands
dismissed on the ground of existence of statutory alternative
remedy.
Order Date :- 12.8.2010
Dcs