Ram Vilas vs State of U.P. and Others

Hon''ble A.P. Sahi, J.—Heard Learned Counsel for the petitioner and learned Standing Counsel, who has filed a counter-affidavit.

The limited case of the petitioner is that he had participated in the auction proceedings on 17th May, 2010 in respect of grant of fisheries lease. It is also not disputed on behalf of the petitioner that the terms and conditions spelt out for the said grant of lease clearly stipulated that one fourth of the amount had to be deposited immediately, and that the balance of the amount of three fourth had to be deposited within fifteen days thereafter. The petitioner knowingly participated, and claims himself to have succeeded, being the highest bider in the auction. The petitioner had deposited one fourth of the amount, and made an application for allowing him to deposit the remaining three fourth amount annually, referring to paragraph-60 of the Gaon Sabha Manaual. It is this application of the petitioner which has not been accepted by the respondents. Hence this petition for a direction to the opposite parties to accept the same.

A counter-affidavit has been filed on behalf of the State in which it has been categorically stated that the terms and conditions of paragraph-60 of the Gaon Sabha Manaual are applicable where lease is granted for ten years by way of preferential allotment and not in case of open auction.

The aforesaid stand taken in the counter-affidavit in the opinion of the Court does not suffer from any infirmity much less a legal infirmity. The petitioner after participating in the auction on the same terms and conditions cannot be permitted to raise any objection with regard to the mode of payment and this Court cannot alter the same.

The writ petition lacks merit and is accordingly dismissed.