Court No. - 21
Case :- WRIT - C No. - 10338 of 2018 Petitioner :- Abdul Aziz And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kailash Nath Kesharwani Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
petitioner made an application dated 16.7.2017 before the respondent authorities for grant of lease of fishing rights in Balrai Scape. When no decision was taken the petitioner approached this court by filing Writ Petition No.56714 of 2017, which was disposed of by a Division Bench of this court vide order dated 29.11.2017 giving liberty to the petitioner to make a fresh application for grant of fishing rights before the District Magistrate with the further direction to the authority to pass appropriate orders within two weeks thereon. In compliance of the said order a representation was made before the District Magistrate, who after considering the entire circumstances vide order dated 3.1.2018 impugned in this writ petition rejected the same.
One of the basic reason for rejecting the application was that a decision has been taken by the State Government communicated vide letter dated 23.3.2009 that a policy has been framed by the State Government not to permit any fishing activities in the main canals and its branches, in Rajwahas scapes and tributaries for the reasons that they interfere with the free flow of the water.
Learned counsel for the petitioner contends that though the new policy has been framed, but in clause 4 of the said policy it is mentioned that the present policy shall continue till a fresh decision is taken. In such view of matter fishing rights can be granted in Balrai Scape.
The argument is misconceived.
Clause 4 provides that such dams and ponds, where fishing activity is being carried out by the U.P. Fishing Development Corporation, are being kept out of the policy till fresh decision is taken. The Balrai Scape canal and its branches have been excluded by the policy decision. The petitioner cannot have any vested right to claim the fishing rights in the Balrai Scape and his case is not within the ambit of Clause 4.
In view of the above, we find no illegality in the impugned order rejecting the representation of the petitioner which may warrant any interference.
The writ petition fails and stands dismissed.
Order Date :- 23.3.2018 Pramod