Court No. - 18
Case :- WRIT - C No. - 26485 of 2021 Petitioner :- Manoj Sahni Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Alok Mathur,J.
1. Heard Sri Sanjay Kumar Mishra, learned counsel for petitioner, learned Standing counsel on behalf of respondent Nos. 1 to as well as Sri Sudhir Bharti, learned counsel for respondent No. 5.
2. Learned counsel for petitioner has assailed the order dated 31.03.2021 passed by respondent No. 3/sub-Divisional Magistrate, Tehsil Salempur, District - Deoria whereby he has allotted the fisheries right of the pond in favour of respondent No. 6.
3. In support of his submission, it has been submitted by learned counsel for petitioner that notices were issued on 12.03.2021 where the auction was proposed to be held on 24.03.2021 which was less than 21 days as provided in the Government Order dated 10.01.2019 and consequently submits that the entire proceedings vitiated.
4. Learned Standing Counsel on the other has raised a preliminary objection regarding maintainability of present writ petition and submits that petitioner has efficacious alternative remedy by of appeal as provided under Rule 59 of the U.P. Revenue Code, 2006.
5. It has been submitted that against the grant of fisheries rights, the petitioner has an alternative remedy of appeal before the Collector within a period of 30 days from the date of approval of the Sub-Divisional Officer.
6. Learned counsel for petitioner submits that the notice dated 12.03.2021 was never published and therefore the same could not be brought to the knowledge of the proposed persons who intended to participate in the said auction including the petitioner and consequently, neither the date of auction nor the grant of fisheries rights of the pond was in the knowledge of the petitioner and consequently he could not file an appeal as provided under Rule 59 of the U.P. Revenue Code.
7. Having heard learned counsel for petitioner as well as learned Standing Counsel, it is clear that petitioner has efficacious alternative remedy by way of an appeal to the Collector. It is provided in case the petitioner prefers an appeal before the concerned Collector within a period of 15 days from today, the same shall be heard and decided on merits expeditious in accordance with law and in case the petitioner moves an application for interim relief along with the said appeal, the same shall be considered and decided within a period of one month, if possible, from the date of filing the same before the concerned Collector in accordance with law.
8. With the aforesaid direction the writ petition is disposed of.
(Alok Mathur, J.) Order Date :- 25.10.2021 Ravi/-