Court No. - 7
Case :- WRIT - C No. - 34148 of 2021 Petitioner :- Sabhajeet And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satish Kumar Counsel for Respondent :- C.S.C. ,Sudhir Bharti
Hon'ble Dinesh Pathak,J.
On the mention made by learned counsel for the petitioners, the present petition has been taken up.
Heard learned counsel for the petitioners and learned Standing Counsel.
Present writ petition has been filed for the following relief:-
"1. issue a writ, order or direction in the nature of mandamus commanding the respondent No. 2 and 3 to include the name of the petitioners in the eligibility list and they are come into the definition of fishermen as provision of 57(5) of U.P. Revenue Code Rule 2016."
Grievance of the petitioners is that representation dated 21.11.2021 filed by the petitioners to permit them to participate in the auction proceedings of the pond No. 475 Mi, Ka, Kha and Ga situated in village Tighora "Khurd" Tehsil Basnsgaon for fisheries lease, has not been decided by the District Magistrate.
It is submitted that auction proceedings, for the fisheries lease, of the pond No. 475 Mi is scheduled to be held on 18.12.2021. Petitioners being eligible persons, comes in the preferential category as defined under explanation to Rule 57 (5) of the U.P. Revenue Code, Rules 2016, have moved an application dated 21.11.2021 (annexure-3) before the District Magistrate. On the aforesaid application, order has been passed, endorsing to the Sub Divisional Officer, Bansgaon for submitting a report after conducting enquiry. It is further submitted that under the provisions as enunciated under explanation to Rule 57 (5) of U.P. Revenue Code, Rules 2016 "Other Persons", who are traditionally engaged in the fisheries profession", are also mentioned as eligible to participate in the bid. The petitioners are claiming their participation under the definition of "Other Persons", who, according to the averment made in the writ petition, are traditionally engaged in the fisheries profession since last thirty years. To know the decision on the representation dated 21.11.2021 petitioners have moved questionnaire before the Tehsildar, Bansgaon, who has not given any specific reply qua decision taken on the aforesaid representation except informing the date of auction.
In a peculiar facts and circumstances of the present case, wherein representation dated 21.11.2011 is still pending consideration before the authority concerned and the auction proceedings is scheduled for tomorrow i.e. 18.12.2021, it would be appropriate to issue a direction to the District Magistrate, respondent No. 2, to decide the aforesaid representation dated 21.11.2021, either himself or through authority competent as may be permissible under the law, before initiating the auction proceeding, strictly in accordance with law.
The Registrar (Compliance) is hereby directed to inform this order today itself, to the District Magistrate, Gorakhpur by FAX or e-mail, so that representation of the petitioners shall be decided within time, before proceeding with the auction of the pond for fisheries lease.
In the above conspectus, the present writ petition is disposed of.
Order Date :- 17.12.2021 Sumaira