Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2109 of 2019 Petitioner :- Nisar Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Pradeep Kumar Tiwari, learned counsel for the petitioner the learned Standing Counsel for the State functionaries.
The present Public Interest Litigation has been filed by one Nisar Ahmad claiming himself to be Gram Pradhan/ Chairman Land Management Committee of Gram Sabha- Parsa Japti, Tehsil- Rudhauli,District- Basti, for issuing a writ of certiorari quashing the auction notice dated 19.10.2019 published on 06.11.2019 for auction of fishing rights of pond recorded in Gata No. 318 (Old Gata No. 112) measuring 0.7000 hectare.
It has been contended by learned counsel for the petitioner that initially a lease was granted in respect of Gata No. 318 in favour of one Abdul Aziz, and same was renewed on 06.09.1989.
The order of renewal was recalled on 17.01.1990, against which two revisions one by Abdul Aziz and other by Gaon Sabha were filed before Commissioner, Gorakhpur Division, Gorakhpur. A compromise was arrived at between Abdul Aziz and Gaon Sabha on 18.07.1991, Commissioner, Gorakhpur Division, Gorakhpur passed an order on the basis of compromise so arrived that Gata No. 318 shall not be leased out any further. The order of compromise passed by Commissioner has been brought on record as Annexure-2. It is on the basis of this compromise order that petitioner is assailing the auction notice dated 19.10.2019.
Preliminary objection has been raised by learned Standing Counsel with regard to the maintainability of this Public Interest Litigation at the behest of a Gram Pradhan assailing auctioning of fishing rights by the Sub-divisional Officer.
We have heard learned counsel for parties and perused the material on record.
It is not in dispute that there exists a pond in Gata No. 318 measuring 0.7000 hectare situated in village Parsa Japti, Tehsil- Rudhauli,District- Basti. The argument of the learned counsel for the petitioner that in view of the compromise the Sub- divisional Officer could not have auctioned the fishery rights in Gata No. 318 is absolutely misconceived and unacceptble. The pond in Gata No. 318 vests in the Gaon Sabha and a compromise entered into between the Gram Pradhan and private individual is not binding on the Gaon Sabha and the revenue authorities.
Further, the petitioner who happens to be a Gram Pradhan cannot bring a petition as Public Interest Litigation to stall proceedings for auction of fishing rights on the ground of the compromise.
As there is no public interest involved in the present petition, we decline to interfere and the present petition filed as Public Interest Litigation is dismissed as not maintainable.
Order Date :- 27.11.2019 V.S.Singh