Court No. - 4
Case :- WRIT - C No. - 26842 of 2020 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed with following prayer:-
"a) Issue a writ, order or direction in the nature of mandamus commanding upon the respondents to issue lease certificate for fisheries of pond over Gata No. 300Mi area 1.69 Hectare situated at Village Rajpur, Tehsil Sikandra, District- Kanpur Dehat in pursuance of auction held on 29.09.2020.
b) Issue any other suitable writ order or direction, as this Hon'ble Court may deem fit and proper in the circumstances of the case.
c) Award cost of this petition to the petitioner."
Submission of learned counsel for the petitioner is that the bid of the petitioner has been accepted and he has also deposited the requisite amount but till date he has not been issued requisite certificate of the allotment. By drawing attention to the Annexure no. 5 to the petition he further pointed that under identical circumstances the authority concerned was directed to consider the grievance of the petitioner, the said order dated 26.11.2019 passed by this Court in Writ-C No. 37910 of 2019 (Virendra Kumar vs. State of U.P. And 3 Others) is quoted as under:-
"It is alleged that an advertisement was published in Hindi daily 'Amar Ujala' for allotment of fisheries rights in respect of various ponds belonging to Gaon Sabha. Petitioner states that his bid in respect of one of the ponds has been accepted and he has also deposited the entire amount but till date he has not been issued the requisite certificate of allotment.
Learned Standing Counsel submits that there is nothing on record to show that the allotment of fisheries rights has been approved by the Sub- Divisional Magistrate.
Be that as it may, such issues can be examined by the competent authority, at the first instance. This petition stands disposed of permitting the petitioner to represent his grievance before respondent No.3 along with a certified copy of this order annexing all materials in support of his claim. The concerned respondent shall get the facts verified and if it is found that a valid allotment exists in favour of petitioner he would pass necessary order for issuance of lease allotment certificate over Gata No. 268 and 281 situated at Village Kalenpur, Tehsil Sikandra, District Kanpur Dehat, within a further period of six weeks thereafter. "
Accordingly, present petition also stand disposed of by directing the respondent no.2- Sub Divisional Magistrate, Sikandra, Kanpur Dehat to decide the claim of the petitioner on Gata No. 300Mi area 1.69 Hectare situated at Village Rajpur, Tehsil Sikandra, District- Kanpur Dehat in pursuance of auction held on 29.9.2020 for which notification was issued on 3.9.2020.
Order Date :- 8.1.2021 Aditya