Court No. - 3
Case :- MISC. SINGLE No. - 504 of 2010
Petitioner :- Rahul
Respondent :- State Of U.P.Through Prin. Secy. Fisheries Deptt. And Ors.
Petitioner Counsel :- N.A.Siddiqui
Respondent Counsel :- C.S.C.,R.N.Gupta
Hon'ble Shri Narayan Shukla,J.
The petitioner is aggrieved against the order of cancellation of fisheries lease.
The learned counsel for the petitioner submits that the petitioner was granted
fisheries lease on 2.11.2007, but the same has been cancelled by means of
order dated 23.11.2009 passed by the Collector Unnao considering the
illegality in granting Patta. The collector in her order has observed that except
the petitioner nobody was considered for grant of lease, therefore, the
allotment has not been found in accordance with law, whereas disputing the
same the learned counsel for the petitioner submits that the State Government
has issued the Government Order Dated 17th of October, 1995, which permits
such a lease by arranging a camp at Tehsil level and the same can be given to
eligible person with the advice of the Land Management Committee. In his
case, according to him the Land Management Committee despite notice, did
not come forward, therefore, the Sub Divisional Officer suo moto has granted
lease.
Upon perusal of the record, I find that such type of lease is in violation of the
order of the High Court rendered in the case of Ram Kumar and others
versus State of U.P.and others reported in 2006 (24) LCD 59, which
provides as under:-
“26. The settlement of fishery according to the directions under Section 126 of 1950 Act is
settlement of property vested in the Gaon Sabha which should be done in a prescribed manner
giving opportunity to all eligible persons to participate. The Revenue Officers, who are
entrusted with duty, shall ensure proper advertisement of the date of settlement so that all
persons who are eligible to participate have sufficient notice of the proposed settlement. The
Government Order itself contemplate “wide publicity”. The Sub-Divisional Officer himself
should see that wide publicity is made. Now-a-days newspapers having wide circulation in
the area is surest mode to publish a proposed settlement. As a general rule the Sub-Divisional
Officer should publish in a newspaper having wide circulation of the settlement of fishing
right to enable all concerned to participate. As observed above, in the event there are more
than one person in one particular category of preference, the Sub-Divisional Officer is not
prohibited to award the said fishing right by inviting bids by tender or auction.”
List on 8th of February, 2010 to enable learned Standing Counsel to seek instructions.
Order Date :- 3.2.2010
Banswar