Hon’ble Rajnish Kumar, J.—Heard Shri Mohd. Arif Khan, Senior Advocate assisted by Shri Manzar Ali Khan, learned counsel for the petitioner and Shri Rohit Singh Parmar, learned counsel for opposite party No. 5 as well as learned Standing Counsel for opposite party Nos. 1 to 4.

2. The facts in brief for the purpose of adjudication of the present controversy are that the petitioner is a cooperative society registered under the provisions of U.P. Cooperative Societies Act, 1965 in the office of Director Fisheries/Registrar, Fisheries Cooperative Societies, Uttar Pradesh.

3. The opposite party No. 3 published a press release in Amar Ujala on 12.6.2015 whereby details of the water bodies that were opened for allotment of fishing rights were provided and relevant dates of auction were also published.

4. The Gata No. 201, 740, 818, 1209, 1256, 1321, 1928, 2007, 1535, 250 Kha, 388 Kha, 453 Yaa, 717 Gha of village Goswa Donga were opened for allotment of fishing rights, therefore, the petitioner submitted an application on 6.7.2015 with a request that since the petitioner is a registered Matsyajivi Sahkari Samiti of village Goswa Donga, the rights of Gata No. 250 Kha/14.960 hectare, 388 Kha/12.836 hectare, 453 Yaa/15.492 hectare, 717 Gha/2.339 hectare, 201/0.316 hectare and 818/0.418 hectare, total 6 Gatas with an area of 46.43 hectares may be allotted to it on the basis of preference.

5. The opposite party No. 5 which is a cooperative society of Block Behandar, District Hardoi submitted its objection against the above mentioned application dated 6.7.2015 and the said objection of the opposite party No. 5 has been decided by means of the order dated 9.7.2015. By the said order the objection of the opposite party No. 5 has been rejected by the opposite party No. 3 and a direction was issued for holding the auction between the petitioner and the opposite party No. 5 solely on 14.7.2015.

6. On 14.7.2015 the Chairman of the petitioner’s society has submitted an application for grant of time on account of illness but the same was rejected and the auction has been held and the fishing rights has been awarded to the opposite party No. 5.

7. Being aggrieved by the impugned order dated 9.7.2015 and auction proceeding dated 14.7.2015, contained in Annexure Nos. 1 and 2 to the writ petition, the petitioner has approached to this Court challenging the same with a further prayer for a direction to opposite party No. 3 to award the fishing rights for gata No. 250 Kha, 388 Kha and 453 Yaa situated in village Goswa Donga, Tehsil Sandila, District Hardoi to the petitioner Society.

8. Sri Mohd. Arif Khan, learned Senior Advocate submitted that the petitioner is a registered fishermen cooperative society having its area of operation as Nyay Panchayat Gowa Donga within which the water bodies in question is situated, therefore, the allotment of fishing rights may be done in favour of the petitioner on preferential basis in view of paragraph 60(2)(B) of the Uttar Pradesh Gram Sabha, Gram Panchayat and Bhumi Prabandhan Samiti Manual as amended vide Government Order dated 17.10.1995. He further submitted that the opposite party No. 5 is a cooperative society of different block, i.e. development block Behendar and not block Sandila where the pond/water bodies in question exist, therefore, the opposite party No. 5 is not covered under any of the category of societies mentioned under the preferential order of allotment. The opposite party No. 5 is neither a society of concerned Gram Panchayat, Nyay Panchayat concerned development block nor it is a district level cooperative society, therefore, also it is not eligible at all for preferential allotment in case of water ponds/water bodies in question.

9. Further submission is that by means of the order dated 9.7.2015 the objection of the opposite party No. 5 society has been rejected, even then the auction was directed to be held between the petitioner and the opposite party No. 5 society and after auction o