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1987 Supreme(All) 426

K.P.SINGH, S.R.BHARGAVA
Narora Nishad Kalyan Sahkari Matsya Jeevi Samiti – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

K. P. Singh, J.

1. By means of this writ petition the petitioner has prayed for quashing the auction notice dated 23-7-1986 notifying an auction to be held on 25-8-1986 for settlement of fishing rights in the portion of river Ganga adjoining districts Badaun and Bulandshahr. Another prayer made by the petitioner in the writ petition is for a writ of mandamus commanding the respondents to settle the fishing rights in favour of the petitioner cooperative society in accordance with the Government Orders dated 30-5-1981 and 22-10-81 with regard to the portion of river Ganga adjoining Tahsil Anupshahar.

2. The petitioner is a Cooperative Society registered under U. P. Cooperative Societies Act, 1965. It consists of members belonging to Mallah and Machhuwara communities. According to the petitioner its members are residents of district Bulandshahar and are fishermen by profession. The petitioner claims settlement of fishing rights in its favour on the basis of Government Orders dated 30-5-1981 and 22-10-81.

The writ petition was presented on 21-8-1986 and a bench of this Court asked the Standing Counsel to file a counter affidavit and to explain which authority could auction the













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