The Allahabad High Court while disposing the petition directed that the respondent- authorities to notify fresh auction proceedings in village Baswari Tehsil Maudaha, district Hamirpur, if not yet done, respect of pond in between 2020 and 2023, strictly, in accordance with law, after due publication of advertisement and notification.
A Single Bench of Justice Kshitij Shailendra passed this order while hearing a petition filed by Matsya Jivi Sahkari Samiti Ltd.
The grievance of the writ petitioner is that the petitioner being a Cooperative Society has a priority in the matter for grant of fisheries lease and when the proceedings of auction for fisheries lease concerning pond area 6.0900 hectare situated at village Baswari Tehsil Maudaha, district Hamirpur, were held in the year 2020, the petitioner was the sole applicant and appeared before the concerned officials. However, no further proceedings were held by them.
The Court passed the following order dated 22.12.2021:
“On the basis of instructions received by Standing counsel, it is submitted that the auction was held on 29.9.2020 but the bid of the petitioner was not accepted, even the petitioner has not deposited the requisite money within the prescribed period and now the next date is fixed on 10.1.2022 for re-auction of the fisheries rights in respect of pond i.e plot no 659 area 6.0900 hectare situated at village Baswari, Tehsil Maudaha, District Hamirpur.
The Standing Counsel is directed to file counter affidavit within three weeks. The rejoinder affidavit may be filed within one week thereafter.
Put up this matter again on 28th January, 2022 for final disposal in the additional cause list.
When the matter was heard on April 04, a consensus has been arrived at between the parties that since previous auction proceedings were held more than two years ago with no substantial result at all, fresh auction may be permitted to be held in the interest of the applicant as well as the Government and the petitioner may be allowed to participate in the same as, according to the petitioner, it has a preferential right over others, the Court noted.
Having heard the counsel for the parties, the Court disposed of the petition with the direction to the respondent- authorities to notify fresh auction proceedings, if not yet done, in respect of aforesaid pond in between 2020 and 2023, strictly, in accordance with law, after due publication of advertisement and notification. It will be open for the petitioner to participate in the same and the proceedings shall be finalised expeditiously.