Court No. - 27
Case :- WRIT - C No. - 69543 of 2009
Petitioner :- Munni Lal
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Atul Kumar Pandey
Respondent Counsel :- C.S.C.,R.B. Yadav
Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the parties. Matter relates to grant of ten years
fisheries lease in respect of pond comprised in plot no.1919 area 0.450
hectares situate in village Matihanawa, Tola Gol Sagar Post Brijmanganj,
Pargana Haveli Tehsil Farenda, District Maharajganj. The lease was granted
in favour of respondent no.5- Raju in the year 2008 (29.6.2008) for Rs.2,100/-
per year. The order dated 29.6.2008 is only three words order i.e. Approved as
proposed. The said order was passed on the report which is contained in
Annexure-4. According to the said report on 16.6.2008 members of gaon
sabha and gram panchyat collectively resolved to grant the fisheries lease in
favour of respondent no.5 for Rs.2,100/- per year. This is absolutely no
manner of granting fisheries lease. It can be done only after due advertisement
as held in Full Bench authority of Ram Kumar vs. State of U.P. and
others2005 (99) RD 823 (F.B.). Moreover allotment was made for inadequate
amount.
In this writ petition on 23.12.2009 following order was passed:
“Learned counsel for the petitioner states that petitioner is ready to take fisheries lease of the
pond in dispute area of which is 0.450 hectares for Rs. 10,000/- per year. It has been let out to
respondent no.5 for Rs.2100 per year. Respondent no.5 is represented by Sri R.B. Yadav
learned counsel who has appeared through caveat and who has also filed short counter
affidavit.
In order to show his bonafidies petitioner shall bring a draft of Rs. 25,000/- drawn in favour of
Deputy Collector Farendra, District Maharajganj. The Court may auction the pond for
fisheries purposes in between petitioner and respondent no.5 tomorrow in Court in view of
Supreme Court authority reported in Ram and Shyam Company V. State of Haryana, AIR
1985 SC 1147.
Put up tomorrow at 2 pm.”
On 24.12.2009 the matter was adjourned to 4.1.2010. On 4.1.2010 bidding in
between petitioner and respondent no.5 was held in open court. Respective
bids of the parties are quoted below:
Petitioner Respondent No.5 - Raju
Rs.10,000/- Rs.11,000/-
Rs.12,000/- Rs.13,000/-
Rs.14,000/- Rs.15,000/-
Rs.16,000/- Rs.17,000/-
Rs.20,000/- Rs.21,000/-
Rs.25,000/- Rs.26,000/-
Rs.27,000/- Rs.28,000/-
Rs.29,000/- Rs.30,000/-
Rs.31,000/- Rs.32,000/-
Rs.33,000/- Rs.35,000/-
Rs.36,000/- Rs.37,000/-
Rs.38,000/- Rs.39,000/-
Rs.40,000/- Rs.41,000/-
Rs.45,000/- Rs.46,000/-
Rs.47,000/- Rs.48,000/-
Rs.49,000/- Rs.50,000/-
Thereafter following order was passed on 4.1.2010:
“As per order dated 23.12.2009, learned counsel for the petitioner has produced a draft of
Rs.25,000/- drawn in the name of Deputy Collector, Farenda, Maharajganj. Thereafter,
bidding started in Court. The last bid of the respondent is Rs.50,000/-. Learned counsel for the
petitioner is ready to enhance the bid. However the Court considers it necessary to seek
assurance from both the parties about their seriousness. Accordingly, further bidding is
adjourned till 07.01.2010. On the next date, petitioner shall produce another draft of
Rs.25,000/- drawn in the name of Deputy Collector, Farenda, Maharajganj and respondent
No.5 shall also produce a draft of Rs.50,000/- drawn in the name of Deputy Collector,
Farenda, Maharajganj. The draft of Rs.25,000/- submitted today by learned counsel for the
petitioner is handed over to Sri Prabhat Kumar, learned standing counsel, who shall keep it in
safe custody and shall produce the same on the next date.
Put up for further orders on 07.01.2010.”
Today, learned counsel for the petitioner stated that petitioner was not
interested in enhancing the bid of Rs.50,000/- offered by the respondent no.5
on 4.1.2010. Learned counsel for respondent no.5 has handed over two drafts
of Rs.25,000/- each (total Rs.50,000/-) to the learned standing counsel Shri
Prabhat Kumar. The draft of Rs.25,000/- which had earlier been handed over
by the learned counsel for the petitioner to learned standing counsel Shri
Prabhat Kumar has been returned to the learned counsel for the petitioner.
Accordingly, writ petition is disposed of with the direction that lease granted
in favour of respondent no.5 through order dated 29.6.2008 shall be deemed
to have been granted for Rs.5 lacs for ten years (Rs.50,000/- per year). The
yearly rent of Rs.50,000/- shall be deposited in advance every year. Amount
of Rs.50,000/- paid today through drafts drawn in the name of the Deputy
Collector, Farinda shall be taken to be the lease amount for the first year i.e.
from 1.7.2009 till 30.6.2010. For remaining nine years the yearly rent shall be
deposited before 1st July of every year. In the next years’s rent which is to be
deposited by 30.6.2010, the amount which may have already been deposited
by the petitioner (apart from Rs.50,000/- deposited today) shall be adjusted.
Office is directed to supply a copy of this order free of cost to Shri Prabhat
Kumar, learned Standing Counsel within a week.
Order Date :- 7.1.2010
RS