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CHANDRA KUMAR RAI
Ramjeet – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Dr. Suman Kumar Yadav, Counsel for the petitioner, Mr. L.K. Tripathi, learned Additional Chief Standing Counsel for the State-respondents, Mr. Ranjeet Asthana, Counsel for respondent No.4 and Mr. Rameshwar Prasad, Counsel for respondent No.7-Land Management Committee.
2. Brief facts of the case are that on 09.07.2020 an advertisement was issued in pursuance of the order dated 02.07.2020 passed by respondent No.1 in respect to plot No.919 area 0.835 hectare and plot No.908 area 1.063 hectare situated in village-Bairadih @ Gambhirpur alongwith other plot situated in other villages of the District for fisheries right by way of auction to take place on 30.07.2020. According to the petitioner as stated in paragraph No.6 of the writ petition petitioner as well as respondent Nos. 8 and 9 appeared in the auction proceeding on 30.07.2020 and petitioner was the highest bider for Rs.30,000/- per year accordingly petitioner deposited requisite amount on the due dates but respondent No.4 denied the averment made in paragraph No.6 of the writ petition. Respondent No.3 allotted the plot No.908 area 1.063 hectare to the petitioner on 13.08.2020 for fisheries right for 10 years on
The eligibility criteria for fishery lease allotment as per Rule 57 of U.P. Revenue Code Rules, 2016 must be met for a valid allotment.
Point of law: provisions of Rule 57(8) of the Rules, 2016 are ultra vires Article 21 of the Constitution is concerned, that is completely misconceived because fishery lease is obtained not merely to ....
When as per auction, highest bidder could not deposit the 25 per cent of bid amount which was required to be deposited by him then there was no other option left with authorities but to re-auction po....
Exercise of fishery rights without approval is illegal, and lack of approval for the bid results in the absence of an enforceable right.
Court affirmed that without a valid lease, petitioners are not entitled to fisheries rights, allowing for ejectment and damages under the U.P. Revenue Code, 2006.
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
The main legal point established in the judgment is that allotments obtained by misrepresentation or fraud can be cancelled without limitation, and such allotments do not confer any title over the pr....
Point of law: Whenever the Land Management Committee intends to admit any person to land under Section 195 or 197, it shall announce by beat of drum in the circle of the Gaon Sabha in which the land ....
The paramount consideration for settlement of a fishery is public interest, and the court emphasized the importance of transparency, fair play, and compliance with previous court orders in such matte....
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