The court upheld that government policies safeguarding fishing rights for local cooperatives do not infringe constitutional rights if they are rational and promote social justice for the fishing community.

JUDGMENT :

M.C. Tripathi, J.

1. Heard Sri Arvind Srivastava, learned counsel for the petitioner; Sri Devesh Vikram, learned Additional Chief Standing Counsel assisted by Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondent nos.1 to 3 and Sri Kundan Kumar, learned counsel for respondent no.4 i.e. Matsya Jivi Sahkari Samiti Limited, Tehsil Fareha, District Auraiya.

2. Present writ petition has been preferred under Article 226 of the Constitution of India inter-alia with following reliefs:-

“i. to issue a writ, order or direction in the nature of certiorari quashing the impugned advertisement dated 28.07.2023 (Annexure No.06 to this writ petition) published by the District Magistrate, Auraiya and all the actions taken in pursuance to this advertisement by the respondents.

ii. to issue a writ, order or direction in the nature of certiorari quashing the impugned order No.173-25/Samiti/2022-23 dated 26.07.2022 (Annexure No.05 to this writ petition) passed by the Chief Executive Officer, Fisheries Development Authority, Jalaun at Orai..”

3. Initially, the present matter was entertained on 11.08.2023 and on the said date, learned Additional Chief Standing Counsel was asked to seek instructions in the matter. Thereafter, the detailed instructions have been placed by learned Additional Chief Standing Counsel, which are already on record.

4. The petitioner Society thereafter moved an amendment application No.3 of 2023 on 18.10.2023 to quash the Government order dated 10.01.2019 and the order dated 08.09.2023. The petitioner Society had also moved an impleadment application No.2 of 2023 to implead ‘Matsya Jivi Sahkari Samiti Limited, Tehsil Fareha, District Auraiya’ as respondent no.4 in whose favour the auction was settled. As there was no objection to the aforesaid applications, both the applications were allowed by this Court vide order dated 17.11.2023 and accordingly, the notice was also issued to the newly impleaded respondent no.4.

5. With the consent of the learned counsel for the parties, this Court proceeds to decide the present matter at this stage under the Rules of this Court without calling for the counter affidavit.

6. The facts in brief for the purpose of adjudication of the present controversy are that the petitioner is a Cooperative Society registered on 02.08.1986 under the provisions of U.P. Cooperative Societies Act, 1965 (in short, Act, 1965), in the office of the Director, Fisheries/Registrar, Matsya Sahkari Samiti Uttar Pradesh, having its registered office at Gadhakasda, Vikas Khand Chakarnagar, 81, Maal Godam Road, District Etawah.

7. It transpires from the record that a Society had earlier preferred a Writ C No.31309 of 2018 for direction to the Revenue Department, State of U.P. to take a decision in regard to fishing rights in the rivers, wherein, an interim mandamus was issued by this Court on 14.09.2018 directing the Department of Revenue, Government of U.P. to formulate a policy within two weeks. In response thereof, the State Government had taken a decision and issued Government Order on 10.01.2019 laying down the procedure for grant of fishery rights in the rivers across the State.

8. The present matter relates to fishery ri